REV102330 - Laserfiche WebLink

Home Browse Search

MINED LAND RECLAMATION DIVISION Department of ~lafural Resources 7313 Sherman ;it., Room 2f 5 Denver, CO 80203 303 866-3567 Fn x: 303 8326106 Aoy Romer, GtvemOr March 13, 1992 ~TATF, OF 999 COLORADO pF COO ~~~ q> NQ ~ _ ~~ •. ~Y~~~ ~ /876 ~ M~cnael B. Long, Drv~son D~retlor William and Kathryn Barnard P.O. Box 179 Rangely, CO 81648 RE: E;ist Douglas Pit, Permit No. M-87-103, Rio Blanco County, Colorado Dear Mr. and Mrs. Barnard: The Division has received your letter of complaint and objection to the propos~ad amendment within the public comment period on the East Douglas aggreg~ite pit (Permit No. M-87-103) located in Rio Blanco County, Colorado. The Division is investigating the matter of rock shipments from the East Douglas Pit on 2/28/92 and 3/2/92, which occurred after the Mined Land Reclamation Board had issued a Notice of Violation (N0. M-92-011) and cease and desist order on the East Douglas Pit on February 26, 1992. In accordance with Rule 3.2(5)(c) of the Colorado Mined Land Reclamation Board Rules and Regulations, the Division will make a decision to approve or deny the amendment application within 30 days after the application was filed. Notice of such a decision shall be given to the operator and to any person filing a statement of objection within the public comment period. Furthermore, Rule 3.2(5>(d) and Section 34-32-107(2) of the Colorado Mined Land Reclamation Act, state that the operator or any person filing a statement of objection within the pubiic comment period who has been aggreived by any final action of the Division, may appeal the decision to the Board for a final determination by submitting a Request for Administrative Appeal to the Division within 60 days of the date of decision. The Request for Administrative Appeal must specify the application number assigned by the Division and all factual and legal questions which the Applicant wishes to have the Board decide. In accordance with Rule 3.2(6)(a), such appeal will be a de novo hearing at which the Board may make all factual determinations necessary to evaluate the application relative to the basis for the appeal. Prior to holding a hearing on appeal, the Board shall provide notice to any person previously filing a writtf~n statement supporting or objecting to the application, and shall publi~;h notice of time, date and location of the hearing in a newspaper of general circulation in the locality of the proposed mining operation once a week 1'or two consecutive weeks immediately prior to the hearing. In addition, the operator and all persons filing written statements supporting or objecting to the application must be notified at least 20 days before the date of the hearing.