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John & Gayle Brooks <br />12754 5875 Road <br />Montrose, Colorado 81403 <br />jb@brookslawllc.com <br />June 4, 2019 <br />Travis Marshall <br />Stephanie Mitchell <br />Division of Reclamation, Mining <br />and Safety <br />Department of Natural Resources <br />State of Colorado <br />101 S3rd Street, Suite 301 <br />Grand Junction, Colorado 81501 <br />Re: Rocky Mountain Aggregate and Construction, LLC <br />Unpermitted Gravel operations hauling material off-site <br />Location on farm lands off 5875 Road, Montrose County, Colorado <br />Dear Mr. Marshall and Ms. Mitchell: <br />Please be advised of an unpermitted gravel operation located east of Montrose County road 5875 <br />on private lands. This operation began hauling gravel equipment to the site in February of 2019 <br />and commenced material extraction, crushing and stockpiling in late March and April of 2019. <br />On April 13's and 14s' I observed the operation from our adjacent property, noting the size of the <br />stockpiles and the lack of any posted notice on the access road on 5875 road. On April 15, 2019 I <br />made inquiry with the Montrose County Land Use Department Director, Steve White, regarding <br />the operation and was advised that Zane Luttrell of Rocky Mountain Aggregate and Construction <br />had called him earlier in the spring and stated he would be operating on the subject property but <br />the extracted and processed material would be for on-site use only. On April 18, 2019 I returned <br />from a business trip and was advised by my wife, Gayle Brooks, that the operation continued in <br />full swing. I suspicioned that material was being truck off-site, observing two belly dumps and a <br />dump truck operating around the site. On April 25, 2019 driving home from work I observed a <br />belly dump truck leaving the pit, accessing and turning left on 5875 road, and headed South <br />toward Spring Creek Drive. I turned around and followed the truck to its destination on Shavano <br />road. I observed it dump its Ioad of processed gravel on a road off the county road on private <br />land. In returning I observed a second belly dump full of gravel headed to the same location. See <br />photos 1-17. <br />On April 26, 2019 I again made inquiry with the Montrose County Land Use Department <br />Director, Steve White, and reviewed the photos with him. He advised me he was going to <br />immediately call the operator. He stated that he had been advised by the operator that he had <br />communicated with the Division and everything from the State was in order. Operations <br />continued with off-site hauling well into May. See photos 1-3. All crushing equipment and <br />