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Rationale for Recommendation for Approval, Over Objections, of a Regular 112 <br />Construction Materials Permit Application; GCC Rio Grande, Inc.; Red Rock Plant <br />and Limestone Mine; DMG File # M-2002-004 <br />Permit Submitted March 13, 2002 <br />Introduction <br />On August 13, 2002, the Division of Minerals and Geology (DMG) issued a <br />recommendation for approval of the Red Rock Plant and Limestone Mine, over <br />objections, and with stipulations. This document is intended to provide the basis for <br />DMG's recommendation. <br />GCC Rio Grande, Inc. submitted an application for the Red Rock Plant and Limestone <br />Mine on January 18, 2002. The application was deemed complete for technical review <br />and administrative processing on March 13, 2002. The final day for public comment was <br />May 2, 2002 and a total of 67 letters of objection were received prior to that date. <br />Therefore, aPre-Hearing Conference was held on May 30, 2002 and the resultant Draft <br />Pre-Heazing Board Order was issued on June 6, 2002. This order identified the parties to <br />the hearing and outlined issues to be considered by the Board at the formal public <br />hearing. <br />The Division sent out its preliminary adequacy review letter on May 6, 2002. The <br />original decision date for this application was June 13, 2002. This was extended until <br />August 23, 2002 due to the complexity of the application. The applicant submitted their <br />responses to the Division on July 9, 2002. The Division identified additional concerns in <br />letters of July 12 and July 17, 2002. The applicant submitted responses to these concems <br />on July 24, 2002. Based on the original application and responses to division concerns, <br />the Division is recommending that this application be approved with conditions. <br />Following are the issues to be considered by the Mined Land Reclamation Board, as <br />identified in the Pre-Hearing Order of June 6, 2002, and the Division's response to those <br />issues and rationale for recommending approval over the objections associated with those <br />issues. <br />III. ISSUES TO BE CONSIDERED <br />Presentations to the Board shall be strictly limited to the issue of whether the <br />pending application complies with the requirements of the Colorado Land <br />Reclamation Act for the Extraction of Construction Materials, Sections 34-32.5-101 <br />et seg, C.RS. (1999) ("Construction Materials Act") and the rules and regulations <br />promulgated by the Board. The parties shall limit presentations to the question of <br />whether the pending application should be approved or denied, based on the issues <br />stated below. <br />