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<br /> <br />Rationale for Approval Recommendation Page 72 <br />Application for Stone Gravel Pit <br />Permit No. M-97-089 <br />Application indicates that applications for Stormwater Permit through CDPHE, WOCD, and <br />equipment emissions permit through CDPHE, APCD, and APEN permit through CDPHE, <br />APCD are pending. Application indicates that site is exempt from NPDES permits through <br />CDPHE, WOCD, and site emission permit through CDPHE, APCD. Application indicates <br />that road approach permit through Montezuma County Road Department is current. <br />On 11/21/97, DMG received copy of letter from CDPHE, WOCD, indicating no record of <br />application submittal for General Permit for Stormwater Discharges. <br />BLM is the surface management agency, has reviewed the application, and has not <br />indicated federal permits required for wildlife or archaeological issues. Applicant has <br />voluntarily entered agreement with BLM which addresses protection of the archaeological <br />site located within the proposed permit area. <br />On 1/2/98, DMG received clearance from Colorado Historical Society, with recommended <br />conditions. <br />Information submitted under Notice of Intent to Conduct Exploration is confidential and not <br />a matter of public record, as required by the Act and Rules and Regulations. Additionally, <br />an NOI for Exploration activities at the site was determined by DMG and the Attorney <br />General's Office to be unnecessary since activities at the site fit within the exemption <br />provided by Rule 1.11131. <br />Statement from Office of State Engineer, Division of Water Resources, did not indicate <br />conflict with groundwater issues or additional permits required. <br />DMG review of the application identified no adequacy issues for Exhibit M. However, <br />DMG requested copy of the completed applications, required by other agencies and <br />referenced within Exhibit M of the application. <br />13. Exhibit N -- Source of Legal Right to Enter -- is inadequate /eeu, Stius) <br />a. Validity of special warranty deed questioned due to potentially faulty identification of 320 acre <br />mineral estate (Bell, Sfi!/s! <br />b. Mineral estate sales contract possibly pending !Bell, Stills! <br />DMG review of the application identified no adequacy issues for Exhibit N. Legal <br />description of the permit area and legal description of the Special Warranty Deed, describe <br />the same location. Legal description of the permit area and legal description of the lands <br />referenced within SLM 5/27/97 letter, acknowledging mineral rights owner exemption from <br />BLM surface access permit, also describe the same location. <br />