1979-04-11_ENFORCEMENT - M1978352

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(1) The permit application of Nottingham Sand and Gravel Company was on file and available for public inspec- tion at the offices of the County Clerk and Recorder of Eagle County. See, C.R.S. 173 , §34-32-112 (10) (a) . (2) Notice of the Nottingham Sand and Gravel Company permit application was published in a newspaper of general circulation in the area of the proposed mining operation once a week for four consecutive weeks beginning on January 11, 1979 . See, C.R.S. 173, 534-32-112 (10) (b) . (3) Notice of the Nottingham Sand and Gravel Company permit application was sent by certified mail on January 19 , 1979, to Mr. Robert Stemwedel at the address for the Brush Creek and Eagle River Company, P. O. Box 242, Eagle, Colo- rado 81631 . At the time such notice was transmitted, Mr. Stemwedel was counsel for the Plaintiff Eagle River 1978 Trust, as reflected by his letter of February 16, 1979 , objecting to the permit application of the Nottingham Sand and Gravel Company. See, C.R.S. '73, §34-32-112 (10) (c) . 4 . The mailing address of Plaintiffs, the Eagle River 1978 Trust, Chester M. Goldman, Trustee and Olive McCollum Goldman, Trustee, is listed on the Complaint by which this action was initiated as P. 0. Box 242, Eagle, Colorado 81631 , the same address as the Brush Creek and Eagle River Company to which notice of the Nottingham Sand and Gravel permit application was sent by certified mail . See, C.R. S. 173, 534-32-112 (10) (c) . 5. The individual Plaintiff, Chester M. Goldman, was a general partner in the Brush Creek and Eagle River Company at which address Mr. Stemwedel received notice of the Nottingham Sand and Gravel permit application. Mr. Goldman is also a Trustee of the Plaintiff Eagle River 1978 Trust. C. The undisputed facts as set forth in Paragraph B. above, conclusively establish that all necessary notice re- quirements were satisfied in connection with the Mined Land Reclamation Board ' s consideration of the Nottingham Sand and -5-