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Memorandum to Corey Hoffmann
<br />November 14, 2005
<br />• Page 10
<br />not limited to all federal, state, and local permits, licenses, and approvals, as applicable to
<br />the specific operation." C.R.S. § 34-32-115(4)(c)(II). Grounds for denial of this permit
<br />application by the Board include whether "the proposed mining operation, the
<br />reclamation program, or the proposed future use is contrary to the laws or regulations of
<br />this state or the United States, including but not limited to all federal, state, and local
<br />permits, licenses, and approvals, as applicable to the specific operation." C.R.S. § 34-
<br />32.5-115(4)(d).
<br />Rule 6.1.2 requires that 112 Reclamation Permit operations "shall provide all the
<br />Exhibits, as described in [Rule] 6.4", including Exhibit M [other permits and licenses the
<br />applicant holds or will be seeking]. Rule 6.1.1 requires these Exhibits to be submitted
<br />with the permit application. Exhibit M is to include permits and licenses including
<br />effluent discharge permits, air quality emissions permits, radioactive source material
<br />licenses, the State Historic Preservation Office clearance, disposal of dredge and fill
<br />material (404) permits, permit to constmct a dam, well permits, explosives permits,
<br />highway access permits, U.S. Forest Service permits, Bureau of Land Management
<br />Permits, county zoning and land use permits, and city zoning and land use permits. Rule
<br />6.4.13.
<br />The Applicant has identified several additional permits, licenses, and approvals that may
<br />• be needed to ensure compliance with federal, state, and local laws and regulations. In its
<br />initial October 20, 2004, application, the Applicant identified the following permits and
<br />licenses needed for the quarry: CDPS permit; air pollution emissions notice and
<br />construction permit; CDOT highway access permit; and federal and state permits for the
<br />transport, storage, and use of explosives. Two permits were also identified at that time as
<br />potentially being needed: a Gilpin County Special Use Review Permit and a Corps of
<br />Engineers 404 permit. In its March 23, 2005, adequacy response, and March 16, 2005,
<br />memorandum, the Applicant acknowledged that it will need to obtain both a Special Use
<br />' Review permit and a new highway access permit from Gilpin County. In its August 19,
<br />2005, Response to 2nd Adequacy Review comments, the Applicant also committed to
<br />reviewing a plan with the U.S. Army Corps of Engineers to ensure that any impacts
<br />within the scope of 404 permitting are addressed, and to notify the State Historic
<br />Preservation Officer if artifacts of possible historical and/or cultural significance are
<br />encountered at the site. In its September 14, 2005, Response to 3`d Adequacy Review
<br />comments, the Applicant committed to complying with state laws regarding impacts to
<br />ground water.
<br />Due to the changing nature of this application, and the fact that a final, revised Exhibit M
<br />has not been provided for public comment, it is critical that all required permits, licenses,
<br />and approvals be clearly delineated as a permit condition. Failure to comply with the
<br />requirements of federal, state, and local permitting/licensing/approval requirements is
<br />grounds for denial of this application.
<br />
<br />LEONARD RICE ENGINEERS. INC. '
<br />2000 C~nV STREET', SUITE 300, DENVER, COLORADO 8021 1-51 1 9 • PHONE (303) 455-9589 • FAX (303) 455-01 1 5
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