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DMG Response: The Operator will comply with all permits or notices that may be required by <br />the Air Pollution Control Division for this operation. <br />It is DMG's position that the following list of issues, raised during the public comment period, <br />are outside of the jurisdiction of the Mined Land Reclamation Board, and may not be considered <br />in the evaluation of the conversion application. <br />1. Whether or not rock crushing should be allowed at the Mascot Placer <br />2. The design and condition of Tiger Road. <br />3. Truck traffic issues relating to safety, dust, and noise. <br />4. Impacts that mining, processing, and hauling may have on the quality of life in the area. <br />5. Impacts that mining, processing, and hauling may have on property values in the azea. <br />6. Whether or not the operation is compatible with residential and recreational uses in the <br />area. <br />7. Whether or not the operation is compatible with county master plans. <br />8. Whether or not approval of the application will set a precedent for potential future <br />applications to mine. <br />The grounds for the DMG's recommendation for approval are essentially that the Applicant has <br />provided a complete application that taken together with the revisions and supplementary <br />information and commitments provided subsequent to initial submittal now meets the minimum <br />requirements of the Colorado Land Reclamation Act for the Extraction of Construction <br />Materials. None of the denial criteria listed in section 34-32.5-115(4), C.R.S. apply to the <br />current application. If the conversion application were to be approved, with the provision of the <br />required performance and financial warranties, environmental protection and the return of the <br />permit azea to a beneficial post mining land use would be adequately assured. One caveat to this <br />recommendation for approval is that the Applicant must still provide to the DMG proof that <br />copies of the DMG's adequacy letter dated May 26, 2004, and Everist's adequacy response dated <br />June 14, 2004 have been placed for public view with the Summit County Clerk and Recorder, <br />