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<br /> <br /> <br /> <br /> <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br /> <br /> <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us <br />John W. Hickenlooper, Governor | Robert Randal, Interim-Executive Director | Virginia Brannon, Director <br />April 25, 2016 <br />Fred A. Duckels <br />Duckels Construction, Inc. dba Yampa Aggregates <br />3500 Duckels Court <br />Steamboat Springs, CO 80487 <br /> <br />RE: Hogue/River Pit, Permit No. M-1992-066, 2016 Annual Report and Fee Follow-up Questions <br />Dear Mr. Duckels: <br /> <br />On April 12, 2016 the Division of Reclamation, Mining, and Safety (Division) received your 2016 <br />annual report, map and fee (enclosed). Division staff have reviewed information contained within <br />this report. Based on the responses indicated in the report the Division requires more information <br />to determine what activities have occurred over the last year and if the site is in compliance. <br />Specific responses that are conflicting: <br /> Question 4, you have indicated that no mining is taking place. Question 5 indicates that you <br />do not operate more than 180 days a year. These two response coincide. Division records <br />indicate that this site is active year round. <br /> Question 6, you indicated that the site is not approved for intermittent status nor is the site <br />in temporary cessation. This conforms with the Division’s records. However the Act and <br />Rules require that operators who are not continuously engaged in the extraction of <br />construction materials must either file a notice of Temporary Cessation (TC) or apply for <br />Intermittent Status (IS). If you are not actively mining annually for more than 180 days as <br />indicate in Question 5 then you cannot be considered an active operator and need to be <br />either in IS or if no mining activity has occurred in the past year in TC. CRS 34-32.5- <br />103(11)(b). <br />o Operators must file a notice of TC whenever they intend to, or do, temporarily cease <br />production for more than a one year period per Rule 1.13.5(1) <br />o Intermittent status requires that operators are active annually, however they do not <br />operate more than 180 days a year <br /> Question 7, indicates that only 2 acres have been affected to date. The attached map depicts <br />a much larger disturbance to date. Estimations using Google earth are approximately 40 <br />acres. <br /> Question 9 indicates that 2 acres were reclaimed this year however no information is given <br />in question 12 where all reclamation activity should be reported. <br />Please provide the Division with a detailed account of all activity that was conducted during the <br />current report year. Based on your response the Division will make a determination if the site is in <br />compliance. Your response shall be received in the Denver Division office by Friday, June 24, <br />2016.