PERMFILE41230

• Permit No: M2001069
• IBM Index Class Name: Permit File
• Doc Date: 10/3/2001
• Doc Name: DEL NORTE WEST VALLEY PIT FN M-2001-069 NEW 112C PERMIT APPLICATION RESPONSE TO WRITTEN OBJECTION
• From: DMG
• To: RICHARD E BLACK
• Media Type: D
• Archive: No

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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of NaWral Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FA%: [phone]
October 1, 2001
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~~°^~~~8`.~ ~~~~ ~®~~ RECLAMATION
Y-L' j~I ~e_NA `] ~o'_ J /^ MINING•SAFETY
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~(~I ~1-~ 1 Q~t Bill Owens
~~~`~~e~~f ppp~~I ~~~ //~~ Governor
V""~~ I ~~~~ Greg E. Walther
11 ~CExeculive Director
DIVISION OF
MINERALS
GEOLOGY
Mr. Richard E. Black
9558 W 7 N
Del Norte, CO 81132
Michael B. Long
Division Duenar
Re: Del Norte West Valley Pit, File No. M-2001-069, New 112c Permit Application, Response to
Written Objection.
Dear Mr. Black,
Thank you for your concerns regarding the above-named permit application, which was filed by Asphalt
Constructors, Inc. (ACI). As you and I discussed last Thursday, the concerns listed in your September
19, 2001, letter are all non-jurisdictional, that is, this agency has no authority in the matters you wrote
about. They appear to be primarily land use issues which are regulated, if at all, by the Rio Grande
County or Town of Del Norte government. Though 1 have passed your concerns along to ACI, there is
nothing 1 can require them to address since the concerns do not relate to any of the specific areas of the
permit application.
The State laws concerning the permit application process include public notification requirements, and the
need for our agency to respond to all jurisdictional comments or objections. However, the laws also
include an "extra" process which is activated whenever an objection, whether based on jurisdictional
matters or not, is submitted during the public comment period. This extra process includes a series of
conferences between the applicant, this office, and all objector parties. Holding these conferences
involves the scheduling and notifying of all parties through a series of telephone calls and certified
mailings, travel by all parties to a rented conference room for aface-to-face meeting or arranging a
telephone conference between all parties. This process finally concludes at a formal public hearing before
the Mined Land Reclamation Board in Denver, since after an objection is received staff may not render a
decision on the application; the Board makes the decision to approve or deny.
Since you have submitted your objection before the close of the public comment period, you area "party"
to this extra process we are required to begin. Whether you choose to remain active in this process or
never submit another written sentence to us, you will remain a party and we will continue with the
required conferences and proceed to a hearing in Denver. However, as we discussed by phone, since your
objections are not within the realm of issues we regulate, your chances of getting satisfaction through this
agency are very slim to nil.
Given all that, I must also state that if you choose to withdraw as a party from this process, this agency
may terminate the extra process and avoid the time and expense of long distance calls, certified mailings
and travel to Denver. Another aspect of remaining as an objector in this matter which I should also