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~ ~ III IIIIIIIIIIIII III STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Deparlmem of Natural Resources 137 3 Sherman SL, Room ? I S Denver, Colorado 40'03 Phone 1303) 866-356: FAX: 130]1 83'_~d106 June 22, 2000 ~~ DIVISION O F MINERALS GEOLOGY RECLAMATION MINING•SAFETY Mr. Matt Dulcich Bill Owens City of Loveland Current Planning Division Gaaemor - ereti E. ~~ alcner 500 East Third E.eculive Dveclor Loveland, CO 80537 M~~n~el s. L^^,; Dn~ision Director RE: Status of the Application, Western Mobile Northern, Inc., Loveland Pit, File No. M-2000-034 Deaz Mr. Dulcich: The Division of Minerals and Geology (DMG) has received your memorandum and attachments dated April 11, 2000 stating the City of Loveland's concerns with the Loveland Pit application. When written comments aze received, the decision to approve or deny an application, or to approve an application with conditions, is made by the Colorado Mined Land Reclamation Board (Boazd) in a Formal Public Hearing. In addition to the City's comments, three letters of concern with this project have been received from private citizens. The DMG will make a recommendation on the application to the Board, and any interested members of the public and government agencies are allowed to address the Board during the Hearing. The Applicant is also entitled to present information in support of the proposed gravel pit during the Hearing. By submitting written comments during the public comment period, the City of Loveland is entitled to become a party to the Hearing before the Board. An information package on the Hearing process and the rights and responsibilities of parties to the Hearing is enclosed with this letter. Regazding the City's specific concerns with the application, the following list has been prepazed to outline the areas of the Boazd's jurisdiction: It is stated in your memo that the City objects to the proposed location of the asphalt batch plant primazily as an issue of land use compatibility. Land use compatibility issues are not within the Board's jurisdiction. The decision as to whether a gravel pit is an acceptable land use in a particulaz location rests with the local land use authority. The Board is primarily concerned with the reclamation of mined land and the minimization of environmental impacts during mining. You are encouraged to pursue your land use compatibility concerns with the County. It is further stated in your memo that the City objects to the proposed location of the asphalt batch plant as an issue of public health, safety, and welfaze. This is an issue that is within the Boazds jurisdiction. However, you will have to be more specific as to the nature of your concerns for them to be considered in the permitting process. The following guidance is provided: