Laserfiche WebLink
he is working on them, and the dust can cause damage. He said that dust-devils occur <br />very quickly and then disappear before he can take a picture to document their <br />appearance. (Activated at 01:07:31) <br />Commissioner White said that he agreed with Mr. Gregg regarding the direction of the <br />prevailing wind. (Activated at 01:13:42) <br />Mr. Smith said that Leslie Jakoby, Environmental Specialist for the County, had sent <br />him an email from a Permitting Section Supervisor of the Colorado Department of Public <br />Health (CDHP) stating that the EPA had told them in early 2000 that the "State of <br />Colorado did not have the authority to permit/regulate sources located within the <br />exterior boundaries of the Reservation, regardless of if they were privately owned, on <br />fee lands, etc. As a result we stopped permitting/regulating these sources." Mr. Smith <br />said that he didn't understand how the State would receive an application for a permit, if <br />(according to the email) they don't have the authority to issue permits. (See Exhibit B.) <br />Mr. Hall questioned the accuracy of the statement and pointed out that his company <br />currently has a State permit and that this is an extension of that permit. Commissioner <br />White asked when they applied for the State permit. Mr. Hall said it was approximately <br />five years ago. Commissioner Hotter asked for an explanation of enforcement. Mr. Hall <br />said that they are not in the "exterior boundaries" of another Tribe and that was not a <br />part of the permitting process they went through or the ongoing communication they <br />have with the State. As for compliance, he said that a complaint can be made by calling <br />the County or the State and that State inspectors rove throughout the area for the <br />purpose of investigating and enforcing compliance. Commissioner White asked if it had <br />been issued to the Federal government during the construction of Lake Nighthorse dam. <br />Mr. Hall replied that they, Weeminuche Construction Authority, were the ones who <br />received the permit, as the operators. Commissioner White questioned whether a "gap" <br />now existed due to the change from the State to the Tribe. Mr. Hall asked Ms. <br />Halverson if their company had received any notice of a change in the status of their <br />permit or regulatory agency other than the State of Colorado. She replied that they had <br />not and that their permit was issued in 2003/2004. She clarified that during the period of <br />construction of the dam the pit was used as a "borrow source" for 3 million tons that <br />were hauled by truck to the dam. She explained that water was used to hold down the <br />dust and they did incur one incident, but for the purposes of this application their <br />operation would only be as a gravel pit. (Activated at 01:14:41) <br />County Attorney Sheryl Rogers commented that in a previous experience, she watched <br />as the State and Indian Tribe worked together to effectively address the situation and <br />that she felt they would hold operators accountable. She said she felt that if there was <br />any "gray area" or gap that the Tribe and State have demonstrated their ability to <br />address such issues. Commissioner Hotter asked if there was some kind of assurance <br />of what would happen in the future. Ms. Rogers replied, "No." She reminded the <br />Commissioners that their jurisdiction was limited to the compatibility of the project with <br />the surrounding land use. <br />La Plata Board of County Commissioners Page 7 3/1/201 P.O. BOY, - T oiv' ACC, CO 8 1,'Li <br />ANIMAS GLAC1E2 C-2AVEL.