PERMFILE121700 - Laserfiche WebLink

Home Browse Search

Canyon and the upper reach of Peck Canyon and notifies the homeowners' association and the public and submits the results to the Division for review and to the Boazd for approval. 9. The testimony and exhibits and legal azgument presented by Mueller and the Division are persuasive on the advisability of requiring Mueller to commit to notifying the surface owner upon discovery of cultural and historic resources and to giving the surface owner a reasonable amount of time to act with diligence to record these resources with the Colorado Historic Preservation Officer and recover them. CONCLUSIONS OE LAW 1. The Boazd's authority to review an application for a permit is set forth in §§ 34-32.5- 115(4) and 34-32.5-116, C.R.S. (1997). 2. The Siloam Stone Pit Application meets the requirements of §§ 34-32.5-112, 34-32.5- 115(4) and 34-32.5-116, C.R.S. (1997) and all applicable Construction Materials Rules and Regulations. 3. Because Ferd Mueller's Application conforms to the requirements set forth above and further because Ferd Mueller has agreed to comply with the terms of the conditions and stipulations set forth below and incorporated into this Order as conditions upon which it is granted, the Boazd has no grounds upon which to deny the Application. The following conditions and stipulations shall be incorporated into and made part of this Order: (1) There shall be no mining operations within the "buffer zone," including rock picking and slab mining, unless and until Mueller submits a blasting plan; notifies the surface owners and the public, by publication in a local newspaper; gets Division approval; and is given Board authorization following a formal public heazing. (2) There shall be no mining operations, including rock picking and slab mining, within the "buffer zone" unless and until Mueller submits a hydrologic impact analysis for the area of Little Owl Canyon and the upper reach of Peck Canyon; notifies the surface owners and the public, by publication in a local newspaper; gets Division approval; and is given Board authorization following a formal public hearing.