2002-08-21_PERMIT FILE - M2002004 (2)

Home Browse Search

EXHIBIT B: Non - compliance with other State & Federal Requirements COMPLIANCE WITH OTHER LAWS: "Compliance with the Act and Rules and Regulations of the Mined Land Reclamation Board "Does Not "relieve you of your responsibility to comply with all other state and federal laws 1. A letter dated August 2000 was received by the Colorado Board of Land Commissioners from the NAGPRA Officer of the Comanche Tribe of Oklahoma in which the Tribe expressed their interest and concern regarding the transfer of the Affected Land area for the open pit mine (5,400 acres). A letter dated September 6,2000, written by Mark W. Davis in response to the Tribes concerns stated , in error, that the subject lease was issued and the reclamation plan was approved , and the Land Board's opportunity for involvement is reduced ". COMMENT: Obviously, no reclamation plan had been approved at that time. Refer to Appendix B, Source Data : Page# 12 2. CRS 34- 32.5 -115; States that the Board shall deny a permit if (f)The mining operation is located on lands (H) Which are within any recreational facility established pursuant to article 7 of title 29.CRS unless the operation will not create any surface disturbance,( IV)which are within the boundaries of any state recreational area in which the entire fee estate is owned by the State of Colorado, the board of Parks and outdoor recreation or unless the operation will not create any surface disturbance there in. (g) The proposed reclamation plan does not conform to the requirements of section 34 -32.5 -166. COMMENT; The open pit mining of the Affected Area ,30 to 40 feet deep by explosive blasting will obviously create a very destructive "surface disturbance therein" The San Carlos (St. Charles)Division of Wildlife Animal habitat and recreational area was under consideration for the Colorado Natural Heritage Program as a potential conservation area in Pueblo County. Refer to Map Section Page# 26 EXHIBIT C: Objector's Description of Affected Land Area and Present U 1. Present Land Use The affected land area abounds both sides of the St Charles River and Greenhorn Creek and sits atop the Cheyenne and Dakota aquifers. The archaeological , historical and prehistoric sites in the area are numerous and pervasive. Refer to Map Section. Pages # 18.19,20,21,22, The primary present land use for the 5,400 acres that was taken from the 20,000 acre DOW State Land Trust was wildlife habitat, recreational area and short grass pastureland. It was listed as agricultural and also leased as grazing. The 20,000 acre Saint Charles DOW GMU #128 was being considered as a potential conservation area under the Colorado Natural Heritage Prog See MAP # 9 Page #26 COMMENT GCC Rio Grande listed the State Land Trust area only as rangeland for present land use in the GCC Reclamation Permit Application Form , and Brian McGill GCC Environmental Manager ,certified such, (see Appendix B ,Sources 8 & 9). GCC failed to acknowledge that the mining operation will be located upon lands that are presently a State Division of Wildlife recreation area, wildlife and water resource (riparian) habitat . It should also have been listed as natural short grass pastureland which is presently under a State Land Board Grazing Lease. This appears to violate C.R.S Section 3 32.5-115(4)(f) as the proposed reclamation plan failed to list the present land usage and proposes to "create a surface land disturbance "on 2,000 or more acres by the explosive blasting of the surface at depths of 30 to 40 feet. See Map Section: Pages # 27,28 2