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Volume III contains the two new state highway access permits, numbered 399058 and <br />399059, required by CDOT for the operations proposed in Permit Revision No. 3. <br />Approval of Permit Revision No. 6 permitted the construction of facilities within 100 feet <br />of the right -of -way of State Highway 133 and Old State Highway 133. The facilities <br />include an overhead conveyor line and conveyor support structures within the right -of- <br />way of Old State Highway 133, as well as sedimentation ponds J and K, sections of <br />railroad track construction and a temporary construction access road within the right -of- <br />way of State Highway 133. The public notice of completeness for Permit Revision No. 6, <br />published in the Delta County Independent on August 15, 22, 29 and September 5, 2001, <br />informed the public of the right to request an informal conference to discuss the issues in <br />Permit Revision No. 6. There were no requests for an informal conference. <br />In addition, BRL submitted to the Division a letter dated January 8, 2002 in which CDOT <br />approved of the proposed disturbances within 100 feet of the highway right -of -ways. <br />BRL also submitted a utility permit issued by CDOT, allowing the construction of the <br />overhead conveyor belt over Old State Highway 133. The road access permit for the <br />temporary construction access road is required to be submitted through Stipulation No. <br />13, which is attached to the Permit Revision No. 6 decision. <br />Technical Revision No. 27 provided for the storage of soil and rock material that was <br />excavated from the wash plant bench construction along the outslope of the gob pile haul <br />road. A portion of the material storage area fell within 100 feet of the right -of -way of old <br />State Highway 133. The public notice of the completeness of this revision also informed <br />the public of the right to request a public hearing. The public notice appeared in the June <br />25, 2003 edition of the Delta County Independent. No one requested a public hearing. <br />h) Three hundred feet of an occupied dwelling, unless a written waiver from the owner has <br />been provided (2.07.6(2)(d)(v)). <br />With the original permit application, there was one occupied dwelling within 300 feet, <br />measured horizontally, of the surface operations or facilities. The dwelling was owned <br />by Hidden Valley Ranch and Cattle Company, Inc. A written waiver is included in <br />Volume III, Exhibit 14, from the dwelling owner, which states that the owner had the <br />legal right to deny mining, and the dwelling owner knowingly waived that right. <br />For Permit Revision No. 3, some of the proposed operations were within 300 feet of <br />several buildings that had been owned by the Hidden Valley Ranch and Cattle Company. <br />However, under an Option to Purchase, BRL negotiated a Special Power of Attorney that <br />assigned all rights to BRL for the property in question. This documentation is found in <br />Tab 1 of Volume III of the permit application. <br />Concerning Permit Revision No. 6, several occupied buildings were within 300 feet of <br />the proposed operations. In several cases, BRL purchased the properties and demolished <br />the buildings. In another case, BRL built a replacement home for one citizen whose <br />original home was within 300 feet of the disturbance. BRL, then, received a right -of- <br />entry agreement with the same landowner for access onto the property. BRL also <br />received a right -of -entry agreement with another citizen for property access. The deeds <br />of purchase and right -of -entry agreements are located in Exhibit 1 of Volume III of the <br />permit application. <br />17 <br />