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Colorado and elsewhere, and has been subject to numerous geologic studies. The rock to be mined <br />is geochemically benign. <br />7. Concern that toxins like oil or PCB have been buried at the site during past quarry operations. <br />Division's Response <br />The Division has inspected the Coaldale Quarry 18 times since the permit was issued in the 1970s. <br />There is no indication in any of the inspection reports or in the permit file that introduced toxins are <br />buried on the property. This quarry operated beginning early in the 20`h century, so it cannot be <br />ruled out that there are pollutants buried on the site, but there have been no environmental <br />indications that this has occurred. The proposed mine plan does not include any excavation of the <br />currently reclaimed waste rock dumps, so if there are historic wastes buried therein, they will not be <br />re-disturbed. <br />B. ISSUES RAISED DURING THE COMMENT PERIOD THAT THE DIVISION <br />BELIEVES ARE NOT WITHIN THE JURISDICTION OF THE DIVISION OR BOARD <br />1. Isn't an environmental impact statement required? <br />Division's Response <br />Environmental Impact statements are a component of the National Environmental Policy Act <br />(NEPA), a federal statute. NEPA is not applicable to this site, as no disturbance to public ]and <br />managed by the federal government is proposed. NEPA does not apply to private land, even if that <br />land is proximal to public land. <br />2. Impacts to quiet, peaceful way of life and property values. <br />Division's Response <br />The Division and Board have no jurisdiction over land use issues. In other words, there is no <br />jurisdiction to make a determination on whether Coaldale is an appropriate place to operate a quarry. <br />Rather, the Division and Board require compliance with a permit and the posting of a bond to <br />assure that the mined land will be reclaimed to a beneficial post mining land use and to assure that <br />environmental impacts will be minimized during quarry operations and reclamation. Land use <br />determinations at this site are vested with Fremont County government. <br />3. Safety on and potential for damage to public roads with increased traffic caused by operation of the <br />quarry, including haul truck traffic. <br />Division's Response <br />The Division and Board have no jurisdiction over quarry related traffic on public roads. These <br />matters are vested with Fremont County, with traffic law enforcement agencies, and with the <br />Colorado Department of Transportation. <br />