2015-03-16_PERMIT FILE - M2015008

Home Browse Search

C-rado Division of Reclamation Mining and Safety Department of Natural Resources 1313 Sherman Street, #215 Denver, CO 80203 ARE: Kirkland Construction 111 Permit Application ATTN: Peter Hays Dear Mr. Hays, RECEIVED IAR 1 b 2015 pIVISION C t, ^CLAMATION IRMC AND ZWEW I am writing in opposition of the approval of Kirkland's 111 application for the Blue Valley Pit. I do support industry and mining; however, I don't support processes which subject unfair competition due to the ability of a Company to receive a Special Operations Permit, when other, already permitted sources are nearby, have been compliant and able to provide the necessary materials. I don't believe the intent of a 111 Special Operations Permit is to hinder local economies and basically prevent others from having an opportunity to provide materials to a project. Our Company has been in the aggregate business in Colorado for 48 years and during this time we have submitted, completed and complied with all the rules and regulations of DRMS. We have also converted some 110 Limited Impact Permit to 112s because we believe in the processes in place by DRMS and felt obligated to become compliant. We are involved in 3 aggregate operations within 5 miles of this project and there are 2 others we are not involved in, also within 5 miles. Our market area is quite small, our volumes are not large and we believe allowing the approval of Kirkland's 111 Special Operations Permit constricts our ability as well as the other 2 pit operators to compete on this project. We also would question whether a 3 year permit is short term and express that this project has been in the works for over 6 years, thus allowing Blue Valley Ranch (The surface owner) enough time and vision to have come forward in time to file for a 112 permit. Obviously the permitting requirements are more extensive for a 112 than a 111 but in this case the impacts to the local economy and also the neighborhood are similar to a 112 type operation. We are also concerned that while "30 acres, plus or minus" is what is submitted in the application, Blue Valley Ranch has gained approval for mineral extraction from Colorado State Lands Board for 395 acres for this project. At the very least, we need to make sure that all affected areas are included in the 30 acres and according to Kirkland's application; they intend to pump and pipe water from the Blue River to the job site. This pumping area and piping should be included as part of the affected areas and at this