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A public notice was published in the Delta County Independent informing the <br />public of their right to request an informal conference concerning this situation. <br />No requests were received that specifically requested an informal conference to <br />discuss the right-of--way issue, although two informal conferences were held, on <br />August 5, 1999 and September 13, 1999, to discuss all of the issues contained in <br />Permit Revision No. 3. Additionally, BRL submitted a letter from the Colorado <br />Department of Transportation (CDOT), dated January 12, 1999, in which <br />permission was granted for construction of the proposed facilities within 100 feet <br />of the right-of--way of old State Highway 133. A copy of the letter is in Tab 14 of <br />Volume III of the Bowie No. 2 Mine permit application. Tab 13 of Volume III <br />contains the two new state highway access permits, numbered 399058 and <br />399059, required by CDOT for the operations proposed in Permit Revision No. 3. <br />Approval of Permit Revision No. 6 permitted the constRrction of facilities within <br />100 feet of the right-of--way of State Highway 133 and Old State Highway 133. <br />The facilities include an overhead conveyor line and conveyor support structures <br />within the right-of--way of Old State Highway 133, as well as sedimentation <br />ponds J and K, sections of railroad track construction and a temporary <br />construction access road within the right-of--way of State Highway 133. The <br />public notice of completeness for Permit Revision No. 6, published in the Delta <br />County Independent on August 15, 22, 29 and September 5, 2001, informed the <br />public of the right to request an informal conference to discuss the issues in <br />Permit Revision No. 6. There were no requests for an informal conference. <br />In addition, BRL submitted to the Division a letter dated January 8, 2002 in which <br />CDOT approved of the proposed disturbances within 100 feet of the highway <br />right-of--ways. BRL also submitted a utility permit issued by CDOT, allowing the <br />construction of the overhead conveyor belt over Old State Highway 133. The road <br />access permit for the temporary construction access road is required to be <br />submitted through Stipulation No. 13, which is attached to the Permit Revision <br />No. 6 decision. <br />Technical Revision No. 27 provided for the storage of soil and rock material that <br />was excavated from the wash plant bench construction along the outslope of the <br />gob pile haul road. A portion of the material storage area fell within 100 feet of <br />the right-of--way of old State Highway 133. The public notice of the completeness <br />of this revision also informed the public of the right to request a public hearing. <br />The public notice appeared in the June 25, 2003 edition of the Delta County <br />Independent. No one requested a public hearing. <br />h) Three hundred feet of an occupied dwelling, unless a written waiver from the <br />owner has been provided (2.07.6(2)(d)(v)). <br />With the original permit application, there was one occupied dwelling within 300 <br />feet, measured horizontally, of the surface operations of facilities. The dwelling <br />was owned by Hidden Valley Ranch and Cattle Company, Inc. A written waiver <br />z2 <br />