2015-04-01_REPORT - M2013036

• Permit No: M2013036
• IBM Index Class Name: REPORT
• Doc Date: 4/1/2015
• Doc Name: Clarification on Erickson Report Dated December 3, 2014
• From: Goldman Robbins Nichols Attorneys at Law
• To: DRMS
• Email Name: WHE
• Media Type: D
• Archive: No

MICHAEL A. GOLDMAN
JEFFERY P. ROBBINS
LINDSEY K. S. NICHOLSON
JOSH W. MACK
Wallace H. Erickson
FX�._.
k C D MAN
BBINS
ICHOLSONP.C.
ATTORNEYS AT LAW
March 27, 2015
Environmental Protection Specialist
Colorado Division of Reclamation, Mining and Safety
1313 Sherman Street, Room 215
Denver, CO 80203
RE: Luke The Puke Gravel Pit, File No. M- 2013 -036_,
pArickson Reported Dated December 3, 2014
Our File #: 1919.004
Dear Mr. Erickson:
679 E. 2ND AVENUE, SUITE C
PO BOX 2270
DURANGO, CO 81302
970/259.8747
FAX [phone]
RECEIVED
4," APR 01 2015
DPAS10N OF RECLAMATION
MINING AND SAFETY
As counsel for adjacent property owners to the land under the reclamation only permit M -2013-
036, namely the Attkissons and Bradshaws, we have regularly reviewed the Colorado Division
of Reclamation, Mining and Safety website for any new materials and have come upon your
report dated December 3, 2014 ( "Report") and concerning your inspection dated October 9,
2014. Upon review of your Report, we would like to clarify and add some background with
regard to some of the observations made by you and included in the Report.
In your observations you state that Luke the Duke has a reclamation only permit resulting from
violation MV- 2014 -023 and that it is "obligated to reclaim affected lands but cannot continue the
previous mining operation, with the sole exception of removing previously mined, processed and
stock -piled materials not needed for reclamation purposes." The Report states that "affected .
lands will be reclaimed to support range land post- mining land use" and that the Division holds a
$14,631.48 financial warranty. Additionally, the initial observational remarks of the Report state
that "the purpose of the mining operation was to support the development of the surrounding
sub- division" and that "substantial materials have been utilized to construct landscape berms
intended to promote privacy for residential structures." The Report comments that the operator
"reiterated all mined materials had remained within the sub - division boundaries and no mined
materials had been exported to areas beyond the sub - division boundaries." Thereafter, the
Report attaches photos 2 and 3 as illustrating the operator's current construction activities on
Equestrian Trial with materials mined from the permit area.
Given your observations and photos, it appears that there is some confusion as to where the
subdivision boundaries are for purposes of proper utilization of the reclamation materials and
work upon Equestrian Trail that purports to actually have been done by Luke the Duke, the
operator in question.
As concerns the substantial materials utilized to construct landscape berms and, specifically,
your photo No. 1, "showing some of the landscape berms and road construction with materials