PERMFILE59942

• Permit No: M1980143
• IBM Index Class Name: Permit File
• Doc Date: 8/21/1980
• Doc Name: LETTER OF OBJECTION CONCERING PUBLIC NOTICE AND APPLICATION FOR LIMITED IMPACT MLR PERMIT BY ORIN R
• To: MLRB
• Media Type: D
• Archive: No

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August 21 1980
R~~~~a~,F~~
Colorado Mined Land Reclamation Board
723 Centennial Building /;,;; •_ ; 1980
13.13 Sherman Street
Denver, CO 80203
--_~-%"~ Cc!o. Dep~ ~~i Natural ReSOUrCes
SuI~,Ject: Letter o Objection'concerning Public Notice
and Appl~eat~4n for Limited Impact Mined Land
Reclamation Permit by Orin R. Spillers for the
proposed mine located at Section 3, Township
35 North, Range 7 West N.M.P.M., County Roads
501 and 502.
Dear emirs,
This letter is being written to protest and to petition
fox' a hearing on said permit application according to House
Bill Number 1065 amended by House Pill Number 1377 (1977)
anc. House Bill Number 1182 (1978) also known as the "Colorado
Mined Land Reclamation Act" Section One, Article 32 of Title
34, Paragraph 114 Protests and Petition for a Hearing.
Good cause for denial of said application for permit
is shown by the following:
1. Colorado Mined Land Reclamation Act 34-32-116 (d).
"The mining operation will adversely affect the stability of
any significant, valuable and permanent man made structures
located within two hundred feet of the affected land... ."
The Sadler personal residence is located well within the two
hundred foot limit of the affected land and it is our belief
that structural damage has been caused by previous operation
of said gravel pit within the last two years when the crusher
was placed within one hundred and fifty feet of the home.
2. Colorado Mined Land Reclamation Act 34-32-112,
Paragraph 10 (a) requires the applicant to file a copy of
such application for public inspection at the office of the
board and in the office of the county clerk and recorder of
the county in which the affected land is located. Said filing
for public inspection in La Plata County has not been completed
causing grounds for denial of said application.
3. Colorado Mined Land Reclamation Act 34-32-112,
Paragraph 10 (b) requires the applicant to cause notice of
the filing in a local newspaper once a week for four con-
sec~itive weeks within ten (10) days after filing. Said notice
has not been completed properly causing grounds for denial
of ,said application.
4. Colorado Mined Land Reclamation Act 34-32-112,
Par<graph 10 (c) requires the applicant shall mail a copy of
such notice to all owners of the surface rights of immediately
adJacent lands and to other persons which might be affected
by the proposed mining operation. Several persons of immediate
interest have not been properly notified causing grounds for
den:lal of said application. Additional owners of record have
had considerable contact with the Department of Natural Resources,
Mined Land Reclamation through Mr. James L. Schmieding, Mr. Bob
Campbell and Mr. Jim McArdle. Said mailed copy of public
not'.ce that was received by adjacent land owners eras incomplete
in ghat the proposed date of completion of the mining operation
was left blank with only a question mark.