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3. Pursuant to Rule 6.3.6, the Application must provide a statement identifying any <br />permits, licenses and approvals which are held or will be sought in order to conduct the <br />proposed mining and reclamation operations. Under Exhibit F of the Application the <br />Applicant states that a County Special Use permit is being pursued concurrently with this <br />Application. However, as noted by the County Engineer in his July 1, 2008 <br />correspondence, Montrose County also requires the Applicant to obtain an access permit <br />for the County Road. Pursuant to Sections 34-32.5-109(3) and 34-32.5-115(4)(d) of the <br />Colorado Land Reclamation Act for the Extraction of Construction Materials, 34-32.5-101 <br />et seq., C.R.S. (the Act), the Operator is responsible for assuring that the mining <br />operation comply with county and county land use regulations, and the Division cannot <br />approve any application which is contrary to the laws or regulations of local permits, <br />licenses, and approvals, as applicable to the specific operation. Therefore, please add <br />the access permit for the County Road to the permits, licenses and approvals listed in <br />Exhibit F. <br />If additional time is required to resolve these adequacy issues by the August 9th decision <br />deadline, please request an extension prior to August 9, 2008. <br />Copy of the Construction Materials Act and Rules are available at the Division's web site at <br />www.mining.state.co.us. <br />Please contact me at the Division's office in Durango at 691 County Road 233, Suite A-2, <br />Durango, CO 81301, phone (970) 247-5469, if you have any questions. Please note the change <br />in address for the Division's office in Durango. <br />Sincerely, <br />C <br />Wallace H. Erickson <br />Environmental Protection Specialist <br />cc: Zane Luttrell, Rocky Mountain Aggregate & Construction, LLC, fax (970) 209-8340 <br />. Tony Waldron, DRMS