Laserfiche WebLink
Greg E. Walcher, Executive Director <br />Robert W. Cattany, Division Director <br />June 12, 2003 <br />Page four <br />(c) EXHIBIT G -WATER INFORMATION. The Applicant by the <br />Amended Application states "Hall Irwin has an approved Temporary Substitute Water <br />Supply Plan (TSWSP) in place. BLC Development, LLC inquired by telephone of the <br />State Engineer's Office and was advised that no TSWSP has been approved. BLC <br />Development, LLC will supplement this information with copies of records. This is a <br />material and important misrepresentation. <br />8. The Amended Mining Plan is not acceptable to BLC Development LLC and <br />violated the Development and Option Agreement, above described, and attached to the Original <br />Permit Application as EXHIBIT N as follows: <br />(a) Applicant did not propose the Amended Mining Plan to BLC <br />Development, LLC for approval; <br />(b) The Amended Mining Plan does not enhance the value of the non-mined <br />property, but rather destroys the opportunity for development by BLC Development, <br />LLC at great cost, expense and loss to BLC Development; <br />(c) The Amended Mining Plan does not integrate with the development plans <br />for the purpose of maximizing the value of the property, but rather destroys <br />approximately 300 acres of property and causes several millions of dollars loss to BLC <br />Development, LLC; <br />(d) Applicant did not obtain the written approval of the Amended Mining <br />plan, but rather processed the Amended Application without proposing the plan or <br />notifying BLC Development, LLC; and <br />(e) Applicant violated the Development and Option Agreement which <br />provides that "once the [Mining Plan is] approved, Seller shall not further change the <br />mining plan. <br />9. Applicant failed and refused to provide BLC Development, LLC written notice of <br />the Amended Mining Plan as required by C. R. S. 34-32.5-112(9)(c). This is a material defect in <br />the permitting process and deprived BLC Development, LLC of its statutory right to object to the <br />Amended Mining Plan, deprived BLC Development, LLC of its right to prove that Applicant had <br />no right to enter the property under the terms of the Development and Option Agreement <br />(EXHIBIT N to the original Application for Permit). This is a violation of the Act and resulted in <br />substantial loss of property rights, all based on material and important misrepresentations of the <br />Applicant. <br />