2004-08-31_REVISION - M1977534 (3)

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a•31. 2004 4:40PM Hale Hackstaff Friesen LLP 0.209 Ff .I HALE • HACKSTAFF • FRIESEN "' AMANDA A. BRAO~er 1430 Wynkoop ~ abradley@halehackstaff.com Suite 300 Denver, Colorado phone: August 31, 2004 fax: 72 VLA FACSIMILE: 303.832.8106 Mr. Thomas Schreiner Division of Minerals and Geology Colorado Mined Land Reclamation Board 1313 Sherman Street, Room 215 Demver, CO 80203 Re: C tv of Golden Application to ,Amend Reeulaz 112 Construction Material Reclamation Permit#M-77-534 ~~-~ Dear Mr. Schreiner: ~~: IZ-~n ~~~ Q~ ; /~~(va- Pursuant to our discussion this morning at the pre-hearing conference, we wish to withdrav}+, in part, our opposition to the referenced application insofar as that opposition relates to Golden' ~ right to possess the subject property. Whem we filed our opposition, submitted on behalf of our cli~nts, Phil amd Sally Buckland and Glenda Guanella, we had not seen the application amd were unclear as to what property Golden sought to add to its pemnitted area. We opposed the amended perrr~it on the basis that Golden's authority to possess and use certaim property is being litigated before the Clear Creek County District Court. Upom review of Golden's application, it appeazs that Golden seeks to add the property to which it was granted possession by the Clear Creek County District ~ourt on June l4, 2004. Since Golden is entitled to possess that property by Court Order, we withdraw our opposition to Golden's application as it W'as based upon our assertion that Golden has mm right to possess or conduct activities on the subject property, We do, however, wish to maurtain our opposition to the amendment application for reasods related to the fugitive dust caused by the stockpiled material. As stated in the Complaint w}~ich was attached to our origural objection, the mined material, now approximately 80 feet high, has been permitted to blow and scatter onto other parcels owned by our cliems and throughout theladjacemt properties in the Town of Empire. This material not only damages our clients' property, but~presents a significant health hazard to residents in the area The source of the dust is both property in the existing permitted azea, as well as the property Golden seeks to add to its permit; therefore, as discussed this monumg, this issue is relevant to the pending application. While we unders~amd that Golden has iterated its commitment to applying reasonable dust control methods to this'area, we wish to formally voice our concerns with Goldem's failure to control the dust to this point. p n n