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without limitation protection from landslides, runoff and other damage as required per Rule 3.1.5 <br />(3). The Division's second review (amended application) asked the applicant to address how <br />they planned to prevent overland flow from eroding material from the pit and azeas below the pit <br />to prevent sedimentation of the arroyo and the Huerfano River. The applicant adopted Division <br />recommendations and the concern has been adequately addressed. <br />Your client's third reason for objecting is "Questions whether the amended application complies <br />with all of the revisions required in the letter from Joe Gagliano dated 2-18-03 to the applicant " <br />Please clarify this reason for the objection. I azn not awaze of a letter dated 2-18-03 that Mr. <br />Gagliano wrote to the applicant. However, I did send an adequacy review letter of the original <br />application to Mr. Gagliano, on that date. A second adequacy review of the application, as <br />amended, was sent to Mr. Gagliano on February 25, 2004. The applicant's responses to the <br />Division's concerns were all adequate. <br />When the Division receives an objection to an application, section 1.4.9 of the Construction <br />Materials Rules requires the Division to issue a recommendation to the Boazd, schedule the <br />application for a Hearing and provide all parties notice of any Pre-Hearing Conference. The <br />recommendation and rationale for it must identify the issues filed with the office. Please clarify <br />items 1 and 3, so I can determine if they have been addressed by the applicant, before I write my <br />recommendation for the Boazd. Provide your clarifications by Apri126, 2004. <br />A Pre-Hearing Conference will be conducted by aPre-Hearing Conference Officer, unless all <br />objections to the application aze withdrawn. The Conference must be held at least 15 working <br />days prior to the Hearing to give the parties time to exchange exhibits and lists of witnesses. <br />Please identify some dates and times you will be available for such a Conference in Denver <br />between Apri128s' and May 4, 2004. I have been trying to contact you by phone for over two <br />weeks to schedule a date for a Conference. If I don't hear from you by Apri122, 2004, I will set <br />a date with input from the applicant and the Conference Officer. If you or your clients do not <br />attend aPre-Hearing Conference, your clients will no longer be considered pazties to the <br />Hearing. I would appreciate it very much if you would let me know as soon as possible whether <br />your clients intend to bring their issues to a Formal Public Hearing. <br />The Hearing, if it is necessary, will be conducted during the Board's May 26-27, 2004 meeting. <br />The meeting will be in Rm. 318, 1313 Sherman Street, Denver Colorado starting at 10:00 am <br />each day unless otherwise noticed. <br />Please call me at 303 866 4922, if you have questions. <br />Sincerely, <br />arry D. Oehler <br />~~~0 <br />Environmental Protection Specialist <br />~Cc: Jim Dillie, Acting Senior Specialist <br />