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Page 1 of 3 <br />Jim Helmericks <br />From: "Jim" <durangogravel a@frontier.net> <br />Date: Thursday, November 19, 2015 12:05 PM <br />To: "West - DNR, Lucas" <Iucas.west@state.co.us> <br />Cc: "Nathan A. Barton" <SDLiberty@aol.com> <br />Subject: Re: Response to Corrective Actions Report on permit M85, - <br />Lucas West <br />Colorado Division of Reclamation and Safety <br />Dear Lucas, <br />NOV 2 7 2019 <br />�nOry <br />inglimAiNt ar war <br />(141 46 <br />I have read your response to Nathan Barton's Corrective Action Report, and I can see <br />that you have missed a lot of pertinent information about the history of this property <br />that lead you to some faulty conclusions. I apologize to you and Nathan for not giving <br />you both a more complete history of previous activity on our property as you <br />attempted to arrive at an Affected Land area. <br />I bought the two adjacent properties (the East 1/2 & the west 1/2) on 21 April, 1983. <br />The legal description in my permit is The E 1/2 W 1/2 SW1/4 Sec 33 T341/2N R9W <br />of the M.M.P.M. which is on the East 1/2 of our property which lies in La Plata county <br />where the J & J pit is situated, and the West 1/2 lies in the City of Durango where the <br />scale and multiple business activity take place. I immediately started improving <br />existing roads and developed the gravel pit for the road improvements and our needs <br />on the property. All materials from what you have labeled Area 1 was used by us on <br />our over 1.5 miles of roads and pads on the property. The west 1/2 of our property, <br />lies in the city along Highway 3, and that was what 1 saw as commercial frontage, and <br />the East 1/2 lying within the county was where we intended to live at the South end <br />and mine gravel on the North end. We now have 4 homes, several businesses and <br />many other uses on the South end of the East 1/2 and the gravel pit on the North end <br />of the East 1/2. <br />Not being aware of Colorado Mined Land regulations regarding gravel pits, 1 <br />started developing the gravel pit in April 1983. In the late fall of 1984 I was contacted <br />by the Colorado Mined Land Division about my need to comply with the state's rules <br />and regulations, if I intended to market gravel, and I subsequently went through the <br />permitting process, and in 1985 I received permit m-85-001 which we have <br />maintained since. <br />When Nathan drafted his corrective action report he excluded Area 1 because this <br />material was used on our property for roads and development, and multiple uses take <br />place on it as well. Area 1 lies in the City of Durango on a separate piece of property <br />from the pit property. While I own this property adjacent to the permitted area, no <br />mining takes place on the parcel within the city, and is used for continuing multiple <br />uses. This area should not be included in the Affected Lands as this was part of an <br />approved plan, that the area now complies with, and all the materials were used off <br />the pit site for my property development, which was allowed, and preceded the <br />1.1/19/2015 <br />