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JUN-23-1999 WED 10 20 AM <br />FAX N0. P, 03/04 <br />• <br />suit and acknowledged the applicant was in fact an Officer of Colorado Yule Marble <br />Corporation. Even after his cmploymettt terminated, the applicant continued to hold <br />an equity stake in Colorado Yute Marble, a closely held corporation. This represents <br />the exact scenario that C.R.S,34-32.5-120 was intended to avoid, and that is to have <br />an operator avoid punishment of a violation by merely obtaining a new MLRB pcmtit <br />under a different corporate form, The applicant was not only an Officer of the <br />Company, but was in fact Vice-President of Operations, the position responsible for <br />the operations of the mine and ensuring compliatrce with permit conditions and <br />regulations. <br />2. Lego] access to mining operation is in question. Litigation is currently in progress involving <br />Gunnison County and the qucsliott of whether or not the entire road leading to the quarry is a <br />public road, As of June 4, 1999 the Court has ordered that the public nature of the road is in <br />question, All parties along the road have been ordered to be joined in the litigation <br />(including OMYA owner of the quarry properly) and that litigation will determine whether or <br />not the road is public or private. If the road is found to be a private road, rite applicant has <br />not shown that there is a legal right-of--way to access the mining operation, rather the <br />applicant tncrely states that he believes it to be a public road. If dtc road is found to bo <br />public, then the applicant will be at violation of C.R.S. 34-33-114. <br />Included itt t}te description of the disputed road is the footpath access listed on the applicants <br />plan. The currrnt litigation will determine if the trail is a public highway as well as <br />determining if the entire road & trail is public or private. This trail would become a public <br />lughway i f the road is Found to be a public road. Tlus trail goes through the dump pile on <br />bout the Yule Lodc and Wltite Marble #2 claims, and terminates on the London Lode in the <br />quarry portal. If the access trail is found to be a public highway, then rite dump piles o£ the <br />proposed mining operation would be located on a public highway. With many other affected <br />areas including rite quarry portals within 100 feet on the outside right-of--way line of a public <br />road. <br />C.R.S. 34-33-114 states (Ii7 .Does not include lands within one hundred feet ojthe <br />oatstde right-of-way line ojany public road, except wl~ere mine access roads or <br />),outage roads Join such right-of--way line; ,accept that the o;~ca may permit such roads <br />to be relocated or the area affected to lie within one hundred jeer ofsuch road !f, after <br />public notice and opportunity for public hearing in tha localtly, a written finding fJ <br />made t1~at the ltrterests of the public and the landowners affected thereby will be <br />protected; <br />Require a damages agreement to cover damage oceturing to adjacent latdowners access,, <br />including footpath, suspension bridge and walkway all within 200 feet of proposed mining <br />operation. Pursuant to C.R.S. 34-32-115 (4)(d) The mining operation will not adversely <br />affect the stability of any significant, valuable, and permanent manmade structures located <br />within two hundred fact of the affected land, except where there is an agreement between the <br />operator and the persons having an interest in the structure that damage to the structure is to <br />be compensated for by the operator <br />p VISO.OOPannHV b, Mai NDMG rvpd <br />