2010-07-19_PERMIT FILE - M2010019

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4im(:f, RECEEVED JUL 19 2010 BEFORE THE MINED LAND RECLAMATION BOARD GRAND JUNC'Wj t-iLLt) OFFICE STATE OF COLORADO DIVISION OF RECLMfiATION MINING & SAFETY EAGLE MOUNTAIN PIT, ARCHULETA COUNTY, COLORADO memm APPLICATION NO. M2010019 ML 2 " ^010 RESPONSE TO WRITTEN OBJECTION TO SAND ?rv?`oan of 'ion, AND GRAVEL MINING APPLICATION ning and S> y This response is filed by Trout, Raley Montano, Witwer and Freeman P.C. on behalf of the Applicant in response to the Written Objection to Sand and Gravel Mining Application ("Objection") received on 22 June, 2010 by the Durango Field Office of the Division of Reclamation, Mining, and Safety. Thomas and Margie Smith (collectively, the "Applicant"), who have applied for the permit to construct the Eagle Mountain Pit ("Gravel Pit"), hereby submit this response to the Mined Land Reclamation Board ("Board"). 1. Jurisdictional defects in the Objection The Objection of the Neighbors before this Board is frivolous. The issues raised in the Objection fall outside of the jurisdiction of the Division of Reclamation, Mining and Safety ("Division") and the information concerning pertinent issues is publicly available. Quoting from a Division's memorandum to interested parties:l The Board's jurisdiction does not extend to land use decisions, visual or economic impacts, noise, traffic, dust and other nuisances, or socioeconomic issues. Local government, through local land use and planning and permitting process, handles these issues. The Board and the Division do not have authority in such matters. Likewise, impacts to air quality, threatened or endangered species, discharges into waters of the United States and historic resource protections are regulated by agencies other than the Board. Virtually all of the issues the Neighbors raised in the Objection fall outside the Board's jurisdiction. They are enumerated below, and categorically shown to fall outside the jurisdiction of this Board. 1. Aquatic and wildlife resources The Neighbors attached photos of animals that they purport to be lynx. Applicant believes the photographs to be of bobcats. We understand the photos have been referred ' Division of Reclamation, Mining and Safety, Guide to Citizen Participation in the 112 Reclamation Permit Application Process for Construction Material and Hard Rock/Metal Mining Operations (2006), available at http://mining.state.co.us/Forms/112processmemo%20Final.pdf.