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,~ ~' <br />Crreg E. Walcher, Executive Drrector <br />Robert W. Cattany, Division Drrector <br />July 2, 2003 <br />Page two <br />disclose the true owner of the property in its application makes it rather probable that no Land Owner <br />Notice was given to BLC Development. <br />The Land Owner Notice is specifically required by C.R.S. 34-32.5-112(9)(c) and was a <br />specific requirement contained in your letter dated October 4, 2002 to Hall-Irwin. <br />Because the Land Owner Notice is required by statute and was specifically required by your <br />offices letter. dated October 4, 2002 as a condition for approval, it. appears as though this is not a <br />requirement that can be.ignored or waived by your office and taints any approval of the amended <br />application for permit. Your office on verifying this fact may well be required to issue an immediate <br />pemnt revocation. We would appreciate your office advising us as to your position on this issue. <br />To the best of our knowledge, the balance of the information provided to your office remains <br />factually correct, to wit: <br />1. Hall-Irwin has not received from the State Engineer's Office a Gravel Mine Well <br />Pemut. This is aviolation ofC.R.S. 37-90-137. <br />2. Hall-Irwin has not received a Temporary Substitute Supply Plan to mitigate water <br />depletions from the mining operations, which is a condition precedent to the issuance of a Gravel <br />Mine Wetl Pemut. <br />3. Hall-Irwin has not even applied for a Gravel Mine Well Pemrit on the BLC <br />Development property. Your examination of the State Engineer Office files may reveal an application <br />but it is for property located a '/a to a '/z mile from the BLC Development property. This is also a <br />violation of C.R.S. 34-32-101 etseq. <br />4. Hall-Irwin has not receved,an;uncenditional Special Use Permit from ±he Town of <br />Firestone for'its mining operations. We do not have a citation to the ordinances of Firestone, but <br />assume that if a Special Use Pemut is required there is an accompanying ordinance prohibiting gravel <br />mining without such Special Use Pemut and accordingly this is a violafion of the ordinances of the <br />Town of Firestone. <br />5. The Amended Application for 112 Pemut contained material of misinformation, to <br />wit: <br />A. Exhibit O -Owners of Record of Affected Land (Surface Area) and Owner of <br />Substance to be Mined. The owners were misidentified. <br />B. Exhibit N - a Legal Right to Enter. The applicant misidentified the conditions <br />to its right to amend the Mining Pemrit, Mining Plan and Reclamation Plan. <br />