1984-05-15_REPORT - M1978352 (5)

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1.) The applicant is operating in violation of the provisions of the Eagle County Zoning Resolutions and/or Special Use Permit and therefore no new permit may be issued by operation of C.R.S. 34-32-109(6) and Rule 1.57. (See paragraph III 1 below.) 2.) The applicant is in violation of the Mined Land Reclamation Act by virtue of conducting commercial gravel operations in a non permitted area adjacent to the Eagle Pit. 3.) The applicant has not, pursuant to Rule 1.56(5) , supplied agreements with persons who have an interest in man made structures within 200 feet. Applicant has not obtained agreements with the Denver and Rio Grande western Railroad, the owner of the Strenme and Gates Irrigation Ditch nor The Eagle River 1978 Trust which awns a cattle guard and man made road which serves as the principal access to a 500 acre ranch operation and is within 200 feet of the permit area. The gravel operation will adversely affect the stability of these significant, valuable and permanent man made structures. 4.) Contrary to the provisions of Rule 1.56(a) the application is incomplete in form or inadequate in content because it does not include access roads into the permit area (the applicant does not have deeded access to the easterly road) and does not adequately address revegatation. 5.) The reclamation costs have not been adequately documented or determined in Exhibit L pursuant to Section 2.15(5) (g) and the required performance and financial warranties have not been posted. 6.) Contrary to the requirements of Rule 1.56(4) , the application and proposed mining operation (with respect to access to the permit area) are contrary to the regulations of the Colorado Department of Highways as evidenced by the letter of April 2, 1984, a copy of which is attached herewith as Exhibit 1. In the alternative, if the Board does not grant standing to the Opponent then, request is hereby made that the Board direct the applicant to republish in conformity with the requirements of CRS-34-32-112(10) (b) whereupon the Opponent shall file a further written statement in opposition. III. Notice of Violation and Request for Hearing Concerning Violation of the Act and Rules (CRS 34-32-124 and Rule 8.2) 1.) Notice is hereby given to the Board that Nottingham Sand and Gravel Coipany is or has been conducting an unpermitted gravel operation near the Eagle pit which operations are outside the permitted area and are in violation of the Eagle County Land Use Regulation and Special Use Permit as evidenced the letter of Jim Rubin, Director of Camunity Development, dated March 20, 1984, a copy of which is attached hereto as Exhibit 2. Please also note the Notice of Inspection and Inspection Report of April 4, 1984, a copy of which is attached labeled as Exhibit Number 3.