1979-02-28_PERMIT FILE - M1978352 ‎(5)‎

• Permit No: M1978352
• IBM Index Class Name: Permit File
• Doc Date: 2/28/1979
• Doc Name: MLRB MINUTES NOTTINGHAM SAND & GRAVEL 78-352
• Media Type: D
• Archive: No

MLRbIIIIII II III
2/28/3/l/79
-$030-60 18. NOTTINGHAM SAND & GRAVEL #78-352
E y 0-30 &
9'55-60 29 acre gravel operation in Eagle County on the Eagle River.
Application presented by Supervising Reclamation Specialist Mark Heifner,
with staff recommending approval of application and bonding at $7000.00.
There ensued considerable discussion between the Board, the Board' s staff,
the Attorney General , and various representatives of objectors to this
operation.
Appearing on behalf of the Eagle River 1978 Trust was William Goldstein, Esq.
objecting to the granting of this permit on the grounds that notice procedures
were improper. Mr. Goldstein requested the Board to defer consideration of
this application—for five weeks during which time _the operator wouT3 Tiee ,
�f 7ompe e an�'renotiify a Ta- nt landowners.
�l Appearing on behalf of The Rio Grande Railroad was Charles Curd, P.E. ,
N objecting to the operation on the grounds that The Rio Grande holds as
private its access over the railroad tracks and did not approve of use
L by this gravel operator for haulage.
\ 3 L, Appearing on behalf of Nottingham Sand & Gravel was Michael McCarthy, Esq. ,
nP arguing that notice procedures were proper, and that the railroad access
Ve Z " issue was inappropriately before this Board due to said access being
` )�b outside the proposed permit boundaries, and that said access was subject
} g to common use by landowners of the area.
�C I JAfter discussion by all parties concerned, the Board
MOVED to grant a permit to NOTTINGHAM SAND & GRAVEL N78-352 for
a 29-acre gravel operation in Eagle County, with bond set
1 �s at Seven Thousand ($7000) Dollars and with the stipulation
1 Qo that prior to NOTTINGHAM SAND & GRAVEL conducting any mining
in Phase 3, the MLRB and its staff must review the bond for
adjustments to allow for increased cost in reclaiming Phase
f 3 and any inflationary costs .
1 SECONDED & PASSED.
It was further
MOVED that concerning the request by counsel for Eagle River 1978 Trust
to postpone the effective date of this permit for five (5) weeks ,
— this Board makes the finding that,/notice has been made in good
faith by NOTTINGHAM SAND & GRAVEL and the intent of the law has
been met .✓/
SECONDED & PASSED.
Further
l MOVED that this Board finds that no"irreparable injury" will
result from granting this permit to NOTTINGHAM SAND & GRAVEL
and the request for deferral is denied.
SECONDED & PASSED.