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Objection Received <br />The public comment period for the application closed on May 8"', 2005. During the public <br />comment period, DMG received written comments from the following: <br />Conditions for Aooroval from Division of Water Resources, dated 3/18/05, DMG received <br />3/18/05. <br />Objection from Robert Thomas, Esq. of Cashien, Cheney & Thomas on f3ehalf of Gordon <br />Autry, principle for the Lazy A Corporation, adjoining landowner, DMG received by fax on <br />6/7/05 and a hard copy on 6/08/05. <br />Issue Raised by the Objecting Party <br />The issues raised by the objecting party in writing concern the access road and point and are in <br />bold print. DMG response to the objection issue follows in standard print. <br />References to the Act are from the Colorado Land Reclamation Act for the Extraction of <br />Construction Materials, 34-32.5-101 et sey., C.R.S. (1995 Repl.Vol.). References to the Rules <br />are from the Construction Material Rules and Regulations of the Colorado Mined Land <br />Reclamation Board, effective October 1995, amended May 2004. <br />DMG considered all timely submitted comments in its review of the application. DMG can only <br />address the issues that directly relate to the specific requirements of an application, as stated in <br />the Act and Rules. <br />1) The Division of Water Resources raised questions concerning exposure of <br />groundwater, potential impacts to water rights and stormwater retention. <br />The applicant responded to DWR concerns in writing and copied the DMG. Those <br />responses are noted in the application file. DWR had no further response. <br />2) The length and grade of the road that is necessary to bring the access road <br />from Miguel Road to the point of mining creates an unsafe condition for the <br />type of traffic anticipated. <br />The grade for a portion of the road is around 10%. However, these grades are <br />present at other permitted sites and are not addressed under the Mined Land <br />Reclamation Rules and Regulations. The road does and will exist on private <br />property solely under the control of the applicant. DMG staff requested from the <br />objector, on June 13, 2005 documentation showing interest within 200 feet or <br />lands directly adjacent to the proposed road. The objector has not provided the <br />information necessary to prove potential of harm should the road be constructed. <br />