Laserfiche WebLink
43. The Division received an objection letter from Bernard Lyons Gaddis and Kahn representing <br />the Smith & Emmons Ditch Company. A copy of this letter was sent to you under separate <br />cover. In addition to the Division's comments noted in the January 16, 2004 internal memo <br />noted above, please address the following concerns noted by the Ditch Companies; <br />a. The Ditch Companies claim that they have a 130-foot easement along Idaho Creek, <br />being 65-feet wide on each side of Idaho Creek. Lafarge proposes to mine within 60- <br />feet of Idaho Creek. Please inform the Division as to Lafarge's legal-right-of--entry <br />to encroach within the Ditch Companies easement. <br />b. Please inform the Division as to how Lafarge will ensure that access to the Ditch <br />Companies' easement is not restricted during the mining and reclamation operation at <br />the Duckworth Pit. <br />Because an objection was filed on this application, this matter must be set for a hearing before <br />the Mined Land Reclamation Boazd. The tentative date for the hearing is Apri128"' and 29s' <br />2004 (Lafarge requested a 2 month continuance of the Division's decision in a letter dated <br />January 7, 2004). However, the Division will need to make a recommendation by March 31, <br />2004. Please be advised that Duckworth Sand and Gravel Mine application maybe deemed <br />inadequate, and the application may be recommended for denial on March 31, 2004 unless the <br />above mentioned adequacy review items aze addressed to the satisfaction of the Division. If you <br />feel more time is needed to complete your reply, the Division can grant an extension to the <br />decision date. This will be done upon receipt of a written waiver of your right to a decision by <br />Mazch 31, 2004 and request for additional time. This must be received no later than the deadline <br />date. Extending this date will postpone the matter until a future Boazd Hearing. <br />If you have any questions, please do not hesitate to call. <br />Sin ly, <br />Erica Crosby <br />Environmental Protection S cialisY <br />Enclosure(s) Letter from the Office of the State Engineer <br />Letter from the Department of the Army <br />DMG Memo of 1-16-04 titled, "Stability of Irrigation Ditches and Other <br />Structures" <br />Maps of Adjacent Aggregate Industries Site, Permit No. M-1944-027 <br />Objection letter from Bernard Lyons Gaddis & Kahn dated 1-6-04 <br />cc: Carl Mount; DMG (via a-mail) <br />Cheryl Linden; AGO (via e-mail) <br />Madoline Wallace; Bemazd Lyons Gaddis & Kahn w/ enclosures <br />