2002-05-28_REVISION - M1976020

• Permit No: M1976020
• IBM Index Class Name: Revision
• Doc Date: 5/28/2002
• Doc Name: Rationale for Approval Recommendation
• From: DMG
• Type & Sequence: AM1
• Media Type: D
• Archive: No

Rationale for Approval Recommendation May 20, 2002
Four Corners Materials, Inc.
AM-01, Thomas Pit, Permit No. M-1976-020
requirements. Comments suggesting that COE authority preempts DMG
requirements and authority. /Torience, Mayo, Whee/ing, Rau, Ritz)
C.R.S. 34-32.5-109(1) requires that before engaging in a new operation, an operator shall
first obtain from the Board or Office, a reclamation permit pursuant to Section 34-32.5-
110, 34-32.5-111, or 34-32.5-112 C.R.S. Additionally, C, R.S. 34-32.5-107(2) states
that the Board may delegate authority to the Office as necessary to efficiently carry out
and administer the provisions of this article... Therefore, DMG (the Office) has jurisdiction
to enforce the specific requirements of the Act and Rules, as delegated by the Board.
As part of DMG's review process, DMG routinely notifies applicable governmental bodies
and agencies of the application. Timely comments and/or recommendations to the
application, received from other governmental bodies and/or agencies as well as
comments received from the public, which relate directly to the specific requirements of
the Act and Rules, are addressed by DMG. However, DMG cannot require that the
applicant commit to conditions which exceed the minimum requirements of the Act and
Rules. Additionally, DMG cannot enforce the permit conditions of permits issued by other
governmental bodies and/or agencies. DMG can only enforce the specific requirements of
the Act and Rules, as delegated by the Board. However, pursuant to C.R.S. 34-32.5-
115(4)(d-, DMG cannot approve an application which is contrary to the laws or
regulations of this State or the Untied States, including but not limited to all federal,
state, and local permits, licenses, and approvals, as applicable to the specific operation.
On February 20, 2002, DMG provided notice of AM-01 to the U.S. Army Corps of
Engineers. During the public comment period, DMG did not receive comment on AM-01
from COE. DMG has not received any correspondence from COE or any other
governmental body or agency indicating that the proposed operation is contrary to any
law or regulation.
17. Comments indicating that the applicant a/so operates the Bar D Pit, where
the mining operation has drastica/ty reduced vegetation and wi/d/ife habitat due to
scouring of the river bed, as shown in aer/a/ photos from 7960-2000. Bar D Pit is
a poor/y conceived and monitored river grave/ operation resu/frog in adverse impact
to the environment. /Whee/ingl
DMG records do not support the allegations of drastic adverse impact to the environment
occurring at the Bar D Pit. However, should the comment be submitted as a complaint
against the Bar D Pit, rather than an objection to AM-01 for the Thomas Pit, DMG will
investigate the complaint. Please submit supporting evidence with the written complaint.
78. Comments re/sting to noise po//ution and qua/ity of /ife issues. (Pierce)
The Act and Rules do not specifically address noise pollution or quality of life issues.
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