2014-07-14_ENFORCEMENT - M2013036 (2)

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C &J Gravel Products, Inc. Colorado Division of Reclamation Mining and Safety ATTENTION: Virginia Brannon, Division Director 1313 Sherman St., Room 215 Denver, CO 80203 Sent via certified mail RE: Possible Violation at Cross Creek Ranch, Permit No. M- 2013 -036 and hearing ' Dear Ms. Brannon: We are in receipt of your letter dated June 10, 2014 regarding the activities on the property owned by Luke the Duke, LLC (John Avery). As you may be aware, John Avery is the operator for extraction of materials on his property. As an operator, John Avery contracted with our entity and the contract provides: (1) that John Avery has permits to crush aggregates on his property; and (2) C &J's contracted services are limited to crushing aggregate as directed by Mr. Avery. A copy of the contract is enclosed with this letter. Mr. Avery agrees he was the operator and this is evidenced by the following: 1. Mr. Avery determined the site of extraction; 2. Mr. Avery directed C &J when to conduct crushing; 3. Mr. Avery had (and has) sole control of his crushed material and determined how to use it on his property; 4. At no time did C &J take or use, for C &J benefit, any materials on or off -site; 5. As set forth above, C &J agreed to conduct crushing as an independent contractor with Mr. Avery's representation that he had permits; 6. When D.R.M.S. notified C &J that Mr. Avery may not have all of his required permits, C &J immediately ceased any further crushing activities; and 7. Mr. Avery, not C &J, is currently taking the steps required of an operator to obtain permits. This is an unfortunate situation, but C &J respectfully requests that it not be fined for failure to hold permits for an operation in which C &J was not the operator per C.R.S. Section 34- 32.5- 109(1). Sincerely, Enclosure: Independent Contractor Agree nt between John Avery and C &J dated June 2, 2014. 27661 HWY 160 -E Durango, CO 81301 Tel: (970) 385 -4112 Fax: (970) 385 -5014