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GENERAL35595
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Last modified
8/24/2016 7:56:30 PM
Creation date
11/23/2007 8:23:37 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2001001
IBM Index Class Name
General Documents
Doc Date
7/5/2001
Doc Name
PETITION FOR RECONSIDERATION
Media Type
D
Archive
No
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• J~L-G6-61 10:36A11 FROf1-Colorado vision of funerals i Geolarr +13636663567 7-935 P.662/664 F-136 <br />.. '' ~ III IIIIIIIIIIIIIIII • <br />BEFORE THE MINED Utnu rmc 99i~icarwn HOARD RECcIVED <br />STATE OF COLORADO ~UL 0 5 2001 <br />Oivislan of Minerals and Geology <br />PETITION FOR RE{ONSIDERATION <br />IN THE MATTER OF iNE LINE CAMP PIT SITE, FOUR STATES <br />AGGREGATES, LLC. FILE N0. M•2001-001, CONSIDERATION OF A 112 <br />CONSTRUCTION MATERIALS PERMIT APPLICATION OVER OBJECTIONS <br />OBIECTOR David B. Igecherk hereby petitions the Mined Land Reclamation <br />Board the board) for reconaidaration of ifs decision of May 23, 2001 for the <br />following reasons: <br />1. The board refused to hear and consider testimony regarding collateral <br />damage to cottomnood trees on adjoining private and federal lands <br />resulting from gravel mining roused decGn~s in water tables. The rowrd <br />of the praeedings will show that the board stated that such testimony <br />was ontslde of their jurisdictional bounds of consideration. This clearly <br />is in contradiction to the Constru431oo Materials Ad which regeiras aw <br />applicant to demonstrate ffiat their adirities will not result in of(site <br />Impacts. Objective evideeee of cottonwood tree impacts (D.S. Geological <br />Survey study) was Introdeeed a9 evidence which contradicts the applicant's <br />unsubstantiated statemeets that there would be no impacts on cottonwood <br />treas. The net effect hero is that loss of cottonwood trees along the riparian <br />corridor of the Dolores River will increase soil erosion, will increase flood <br />damage potential aer! will increase the silt loads of the river and the <br />downstream Mcphee reserrdr. <br />2. The board relied substantially oe water quality data developed by the <br />Division of Minerals and Geology which was either outside the reach <br />of the proposed Line Camp Gravel pit site or lacked credibility due to <br />Irregularities In the data itself. Spoclflcally, in the first instance data <br />was used that was obtained at a sampling site some 70 miles downstream <br />from the proposed gravel pit which by any measure would be totally <br />irrevelant. In the second instance, data reported by the earreMly acthre <br />Koenig/Tern gravel pk was used which does not bold up to statistical <br />scrutiny and appears to be fabricated. Akhough sworn testimony was <br />presented to support this allegation the board failed to consider or act on <br />this in making their datermieation. In fact, one comment made by a board <br />member concerning this completely missed the point of the argument and <br />demonstrated the need for the board to have obtained an independent review <br />of the allegation by a qualified statisticiaa to assess Its veracity. <br />
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