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the proposed changes per 2 CCR 407-4, Rule 1.10.1(4) Any use of the access point under <br />litigation without an approved amendment to the proposed permit would be considered a <br />possible violation of the approved permit and subject to possible civil penalties, bond forfeiture <br />and / or permit revocation by the MLRB. <br />In the closing paragraph of the objection letter, there are several suggested stipulations for <br />approval of the permit. Please be aware that the access road proposed in the application will be <br />considered affected land and will be covered by the permit, if approved per 34-32.5-103(1), <br />CRS. Therefore the general road specifications such as width and type of materials used for <br />construction are part of this application to add detail in evaluation of the reclamation plan and <br />calculation of a reclamation bond. However, the Division has no regulatory authority to ask for <br />estimates of road construction costs, proof of adequate funding or requiring construction within a <br />certain time frame. The Division also does not have the authority to stipulate that if changes are <br />initiated to an approved permit, the current permit becomes null and void. By statute and rule, <br />revisions to an approved permit are allowed through technical revision or permit amendment <br />process per 34-32.5-112(7), C.R.S. and 2CCR 407-4, Rules 1.9 and 1.10. <br />Please note that the permit application process will include aPre-Hearing Conference at which <br />time the parties and issues will be proposed for the Board's later review. Additionally the matter <br />will be set for a Formal Public Hearing before the Mined Land Reclamation Board on possibly <br />July 13th and 14th, or August 17~' and 18~', 2005 in Denver, Colorado. <br />If based on our response, Lazy A wishes to withdrawal its objection; a letter of withdrawal <br />should be sent as soon as possible. <br />If you need additional information, please contact me at the Division of Minerals and Geology, <br />Grand Junction Field Office, 101 S. 3rd St., Suite 301, Grand Junction, Colorado 81501, <br />telephone no. 970.241.1117. <br />Sincerely, <br />G Rus ell Means~~~ <br />Environmental Protection Specialist <br />Cc: Tim Scanlon, Consultant to Nick Gray <br />Cc: Bruce Humphries, Minerals Supervisor, Denver Office <br />Cc: Carl Mount, Senior Environmental Protection Specialist, North Team, Denver Office <br />Cc: Cheryl Linden, Colorado Attorney General's Office, Denver <br />