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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />October 31, 2005 <br />Ms. Betty Bradley Fithian <br />26832 County Road 310 <br />Buena Vista, CO 81211 <br />RE: ACA Products Inc., Application No. M-2005-051 <br />River Park Recreation Access; Letter of Objection <br />Dear Ms. Fithian, <br />COLORADO <br />DIVISION O F <br />MINE8RAL5 <br />GEOLOGY <br />RECLAMATION•M INING <br />SAFETT•SCIENCE <br />Bill Owens <br />Govcvnor <br />Russell George <br />Executive DlreCtor <br />Ronald W. Cattany <br />Division Director <br />/ ~/t ~ ~^ NaWral Resource Trustee <br />On August 1, 2005 you filed a letter of objecfion to the Division for the River Pazk Recreation Access <br />110 Permit Application submitted by ACA Products, Inc., Application No. M-2005-OS 1. Your comments <br />were forwarded to ACA Products, Inc. for their consideration. Please be aware that the Mined Land <br />Reclamation Board (NLRB} does not have the jurisdiction to rule on issues related to noise, dust or <br />traffic. The local county government permitting process commonly addresses these issues. <br />However, the issue of pollution from dirt (Item #1), removal of trees on the riverbank (Item #2) and <br />changes and damage to riverbank and possible river flow (Item #3} are within the jurisdiction of the <br />NLRB. The Division believes that ACA Products adequately addressed the concerns noted in your letter. <br />A copy of their response is attached. <br />ACA Products, Inc. has addressed all adequacy issues, therefore, on October 31, 2005, the Division <br />approved the River Park Recreation Access 110 Permit Application. <br />Any person directly and adversely affected or aggrieved by the Division's decision to grant the permit <br />application my appeal the Division's decision and petition for a hearing before the NLRB within 30-days <br />of the Division's decision. In accordance with Rule 1.4.11(1)(d), such petition for a hearing shall state <br />how the petitioner is directly and adversely affected or aggrieved by the Division's decision, and how <br />their interests are entitled to protection under the Act. The petitioner shall list and explain any issue they <br />believe should be considered by the Board at the hearing on the matter. <br />If you have any questions, please do not hesitate to call me at 303-866-4943. <br />Si rely,r ~l <br />Erica Crosby (J ~~l`/~~~~ <br />Environment 1 Protection Specialist <br />Enclosure(s)- ACA Response to Letter <br />ca Carl Mount; DMG (via e-mail) <br />Kayette Hutchison; ACA Products, Inc. <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />