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Rationale for Recommendation of Conditional Approval, Over Objection <br />Construction Materials -Regular 112 Amendment (AM-1) <br />Lafarge West, Inc. <br />River Valley Resource, Permit M-2001-090 <br />Introduction <br />Lafarge West, Inc. filed a complete Regulaz 112 Amendment Application with the Division on June 4, <br />2003. The amendment application specifies an additiona122.85 permitted acres, resulting in a total of <br />128.26 permitted acres, ie: 105.41 + 22.85 = 128.26 acres. Due to an objection received from Jane and <br />Ervin O'Dell, represented by attomey Richard Tremaine, during the public comment period apre-Hearing <br />Conference was scheduled for 10:00 A.M. on August 28, 2003. Notice of the scheduled pre-hearing <br />conference along with pre-hearing conference packet and notice of the Formal Public Hearing scheduled <br />for the September 23-24, 2004 Boazd Meeting was sent to all parties on August 13, 2003. Mr. Tremaine, <br />attorney representing Jane and Ervin O'Dell sent a fax to the Division on August 27, 2003 stating that he <br />would not be available for participation in the scheduled pre-Hearing Conference or any other possible <br />rescheduled pre-Hearing Conference on or before September 2, 2003. (September 2, 2003 was the last <br />possible date for rescheduling the pre-Hearing Conference). With all other necessary parties present, the <br />Division called Mr. Tremaine's office at 10:00 A.M. on August 28, 2003 and was informed that he was not <br />available for apre-Hearing Conference. Although the other parties were present, apre-Hearing Conference <br />was not held since Mr. Tremaine, representing the lone objectors Jane and Ervin O'Dell, was unavailable <br />and did not participate. On September 4, 2003 the Division issued a recommendafion for conditional <br />approval of the application, over an objection. The River Valley Resource site is located approximately 6 <br />miles south of Steamboat Springs on State Highway 131. The proposed amendment area is located in SE %. <br />of the NW '/< of Section 21, TSSN, R84W, 6th P.M. A total of 91 acres will be excavated throughout the <br />life of the operation. Of this total, there will be a maximum disturbance of 40 acres at any one time. De- <br />watering and conventional dry mining methods will be used during 6 phases of operation. The depth of <br />excavation is expected to be approximately 31 feet below ground surface down to bedrock. Alluvial <br />groundwater is reported to be approximately 0 to 5 feet below the ground surface. Approximately 91 acres <br />of groundwater fed lakes with wetland mitigation areas will be the final reclaimed use for the River Valley <br />Resource site. Revegetation around the shoreline azeas will include a wet grass mix and tree and shmb <br />plantings. Surrounding upland azeas will be topsoiled and revegetated with a grass mix. The Division has <br />calculated a total reclamation cost of $270,200 for 40 acres of maximum disturbance. <br />L OBJECTIONS: <br />The Division received objections from the following individuals during the public comment period. <br />Obiec[or Date Received <br />Jane & Ervin O'Dell July 28, 2003 <br />c/o Richard Tremaine <br />(Klauzer & Tremaine, LLC) <br />II. ISSUES RAISED BY OBJECTORS: <br />Issues raised by objecting parties aze listed below. The Division's response to objection issues follows. <br />Issues aze listed under the rule to which they pertain. Issues that the Division believes aze not within the <br />jurisdiction of the Division or Boazd are listed last. <br />