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c, chM STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-a106 <br />October 31, 2005 ~ / <br />Ben & Joyce Mazlow// <br />26890 County Rd 310 <br />Buena Vista, CO 81211 <br />RE: ACA Products Inc., Application No. M-2005-~ / <br />River Pazk Recreation Access; Letter of~ Obiection d <br />Dear Ben & Joyce Mazlow, <br />COLORADO <br />DIVISION OE <br />MIN SRALS <br />GEOLOGY <br />REC IANATION•NININO <br />SAFETY•SCIENCE <br />sill OWlnS <br />Governor <br />Russell George <br />Executive DlfeElOr <br />Ronald W. Canany <br />Division Dimctor <br />Natural Resource Trustee <br />On August 1, 2005 you filed a letter of objection to the Division for the River Park Recreation Access <br />110 Permit Application submitted by ACA Products, Inc., Application No. M-2005-051. Your comments <br />were forwazded to ACA Products, Inc. for their consideration. Please be aware that the Mined Land <br />Reclamation Boazd (NLRB) does not have the jurisdiction to rule on issues related to noise, dust or <br />traffic as well as the surrounding uses of existing picnic areas, trails and river access that already exist <br />north of Highway 285. The local county government permitting process commonly addresses these <br />issues. <br />However, the issue of wildlife habitat (Item #1}, change in the course of the river (Item #4) and a portion <br />of the land owned by the BLM (Item #5) are within the jurisdiction of the NLRB. The Division believes <br />that ACA Products adequately addressed the concerns noted in your letter. A copy of their response is <br />attached. <br />ACA Products, Inc. has addressed all adequacy issues, therefore, on October 31, 2005, the Division <br />approved the River Pazk Recreation Access 110 Permit Application. <br />Any person directly and adversely affected or aggrieved by the Division's decision to gant the permit <br />application my appeal the Division's decision and petition for a hearing before the NLRB within 30-days <br />of the Division's decision. In accordance with Rule 1.4.11(1)(d), such petition for a hearing shall state <br />how the petitioner is directly and adversely affected or aggrieved by the Division's decision, and how <br />their interests aze entitled to protection under the Act. The petitioner shall list and explain any issue they <br />believe should be considered by the Boazd at the hearing on the matter. <br />If you have any questions, please do not hesitate to call me at 303-866-4943. <br />Sin el ; <br />~~'~ <br />Erica Crosby <br />Environmental Protection Specialist <br />Enclosure(s)- ACA Response to Letter <br />cc: Carl Mount; DMG (via a-mail) <br />Kayette Hutchison; ACA Products, Inc. <br />ice of Office of Colorado <br />Land Rxlamation Active and Inactive Mines GE+ological Survey <br />