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<br />Richard D. Lamm <br />Governor <br />TO <br />DEPARTMENT OF NATU..,.~ r,couUHCES <br />David H. Getchea Executive Director <br />~ ~II010~ DID o <br />nNid~~9CDD ~QN1D G3C~C~ 1~ 6vrJQI~~OO(~ D~N/0~~©f~l <br />DAdID C. SHELTOPo, Dlreetor <br />Mined Land Reclamation Board <br />FROM: Peter V. O'Connor <br />RE: Albert R. Frei - Permit No. 83-33 <br />Date: January 2, 1985 <br />The Division has scheduled two Formal Public Hearings pertaining to this <br />permit for the January 23, 1985 meeting. <br />.R <br />The first Formal Public Hearing is Board consideration of assessing civil <br />penalties for mine-related activities outside of the approved permit area. As <br />the Board specified at the October 24, 1984 meeting, consideration of civil <br />penalties was to be done simutaneously with the consideration of an <br />amendment. The amendment incorporating these unpermitted areas into the <br />permit is scheduled for consideration at the January, 1985 meeting. Please <br />review the enclosed chronology to refresh the Board's memory of past events. <br />The second Formal Public Hearing is Board reconsideration of the May 23, 1984 <br />Board approval of a technical revision. On May 15, 1984, the operator <br />submitted a technical revision to abate a previously issued NOV. The basis of <br />this technical revision was to swap permitted acreage for unpermitted areas. <br />We have recently been informed by Clear Creek County {see enclosed letter from <br />John Lucas - Chariman - County Commissioners} that the previously unpermitted <br />acres are not properly zoned for inclusion into the permit. We have been in <br />contact with Berten Weaver, Clear Creek County Planning Director, about this <br />issue. He informed the Division on December 28, 1984, that no rezoning <br />application has been received for this area. If an application is submitted <br />immediately, the County Commissioners would not be able to consider it until <br />April 1, 1985 at the earliest. To avoid continued violation of C.R.S. <br />34-32-115(4)(e), the Board needs to rescind the previous approval of the <br />technical revision and reissue the NOV. Once County approval has been <br />granted, the Board could reconsider the technical revision. <br />Please bring this memorandum and the enclosed items to the January 23, 1985 <br />meeting. <br />/ygt <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel, (303) 866-3567 <br />