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<br />Rationale for Approval Recommendation Page 13 <br />Application for Stone Gravel Pit <br />Permit No. M-97-089 <br />14. Exhibit O -- Owners of Record...-- maybe inadequate tBel/ SrillsJ <br />a. Notice to adjacent surface owner, Emerson, potentially absent (Bell, Stills! <br />b. /dentificaiion of potentially affected mineral owners absent iSriUs/ <br />Applicant has provided copy of certified mail return receipts, indicating that adjacent <br />surface owner, Ric and Lynda Emerson, were provided notice. DMG review of the <br />application has not identified potentially affected mineral owners which require additional <br />notice. <br />15. /nforma/ Conference, requested extension denied (Bell, Emerson, stills! <br />DMG mailed notice of the Informal Conference to all identified parties on 12/2!97, seven <br />days prior to the scheduled Informal Conference. DMG denied the requested extension <br />due to regulatory timeframe considerations. Only one of the three objectors who <br />requested the extension did not attend the Informal Conference. <br />16. Proposed operation is contrary to the laws and regulations of the DMG, application <br />shou/d be denied under § 34-32.5-115i41(c/, C.R.S. Isrilh) <br />a. Pre-permit disturbance (Bell, Bradley, Emerson, Morris, Stickman, Stills! <br />Pre-permit disturbance were limited to activities, defined by Rule 1.1(13), as not requiring <br />a Notice of Intent to Conduct Exploration. Additionally, evidence of commencement of <br />mining operations prior to permit issuance was not observed by DMG inspector. <br />f7. Proposed operation is contrary to the laws and regu/ations of the state of Colorado, <br />app/ication should be denied under § 34-32.5-115i41Id1, C. R. S. Istiusl <br />a. App/(cant has not demonstrated compliance with permitting requirements of several required <br />applications /SriNsl <br />b. Compliance with federal/state air quality standards not demonstrated ISrillsl <br />DMG has not received comment from other agencies indicating possible violation or <br />enforcement actions pending. The Rules and Regulations do not require a demonstration <br />of compliance with other agencies prior to DMG permit issuance. <br />18. Proposed operation is contrary to the laws and regulations of the United States, <br />app/ication shou/d be denied under § 34-32.5-115(4/(d/, C.R.S. Isrillsl <br />a. Issues of federal law are within permitting jurisdiction of DMG /Stills! <br />b. Applicant's right of entry dependent on BLM completing procedural requirements of the <br />National Environmental Policy Act, Federal Land Policy and Management Act, and Endangered <br />Species Act (Stills! <br />