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Commissioner Lieb pointed out that conducting air monitoring didn't clarify who would <br />enforce the regulations. Mr. Smith said the Southern Ute Tribe will eventually pass <br />regulations that will be applied to this project in the future. (Activated at 02:23:42) <br />Commissioner Hotter said that the Commissioners couldn't impose a condition for a <br />secondary access road, but that it was a very valid issue for the future. (Activated at <br />02:28:26) <br />Commissioner Lieb asked if the project could be continued. Mr. Hall noted that would be <br />problematic because spring is prime time for construction companies and that a delay <br />could result in not being able to compete for work. He reiterated that, if approved, their <br />company would file an application for a permit with the State. <br />Commissioner Lieb questioned the enforcement of air quality under State regulation. <br />Ms. Jackoby said that the Federal government was suppose to come out with their new <br />APEN regulations in February, but hasn't done so yet. She said that she does the PM- <br />10 monitoring for the State. (Activated at 02:29:26) <br />Seeing that there were individuals wishing to make additional public comment <br />Commissioner Hotter re opened that portion of the meeting. <br />Steve Osborne proposed that the property owners at the Animas Airpark would be <br />willing to accept the State air monitoring condition if Mr. Hall would agree to the <br />Condition of including an access road. (Activated at 02:36:40) <br />Mr. Zink said that he had gone through the air quality permit process and it was his <br />experience that the EPA is the one that enforces air quality. He said that he didn't think <br />anyone would know for sure what agency will be involved until the project is developed. <br />(Activated at 02:38:17) <br />Matt Connahan, a resident of Bayfield, said his experience with at gravel pits he has <br />worked on that had dealt with the "external boundary of the tribe" was that if the State <br />says there is an issue they enforce the regulations. With the Tribe, he said his <br />experience was that they asked the company for a copy of all their permits. He pointed <br />out that a compliance test in accordance with the Clean Air Act will prove whether the <br />gravel pit is currently in compliance. <br />Mr. Smith said he felt that there were two different issues being discussed. He <br />suggested that time be given to staff to draft language to address the problem. <br />(Activated at 02:39:51) <br />Ms. Lauro pointed out that the application was made last May and that the application <br />contained statements by the Federal government, the State and Tribe. She reiterated <br />that Condition #24 says that "the dust shall be controlled" and therefore the County can <br />withdraw the permit at any time if they are not in compliance. She made the point that <br />with Federal, State and Tribal oversight there were plenty of levels of control. (Activated <br />at 02:45:58) <br />6'1 <br />06 <br />La Plata Board of County Commissioners Page 11 0 <br />?+N XMAS !o(+Au? 2 co2AVc-: L. <br />?cPj1T M - PAGE 14