1979-02-13_PERMIT FILE - M1978352

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, 999 February 13, 1979 Courtney G. Petre Petre, Zimmerman and Shelton, P.C. P.O. Brawer 400 Glenwood Springs, Colorado 91601 RE: Nottingham Sand and Gravel Permit File No. $8-352 Dear Ms. Petre: Enclosed is a copy of the lengthy letter from Denver and Rio Grande Western Railroad Company in which they express rather serious concerns about Nottingham's use of the railroad coossinq until full compliance and approval Is obtained. This appears to involve access to the site which is a part of our permit consideration. I realize the crossing is not part of the affected land, but because the access relies upon that crossing it would be difficult to logically recommend approval of the permit until such matters are rectified. Furthermore, because Nottingham has not been able to obtain approval from Eagle County for the pit at Avon and because this has been delaying approval of the permit by our Board-, according to Section 34-32- 120, we cannot grant approval for File Ho. 78-352 untilbbobhcoan be presented at once. .Therefore, I have only one suggestion. Nottingham will have to request a continuance on File No. 7'-352, pursue acquiring Denver and Rio Grande Western approval on the crossing,adnd acquire county approval on the Avon pit. I realize this Is a hardship, but the low Is rather specific about not issuing new permits to operators who do not have permits on existing operations. File No. 78-352 is scheduled for Board review on February 28 - March 1 , 1979, but under the circumstances, If action other than a continuance was taken by the Board, it could only be to deny the permit. If you have any questions, please call . I will belin Glenwood Springs on February 17, 18. and the morning of the 19th and can be reached at 945-7798. Perhaps we could meet. and discuss it then. Sincerely, Mark A. Helfner Supervising Reclamation Specialist MAH:cj