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Ducray Pit#2; Permit#:M-2019-035; Operator/Applicant Martinez Western Constructors, Inc. <br /> approval. Permanent Man-Made Structures (a) provide a notarized <br /> agreement between the Applicant and the Person(s) having an interest <br /> in the structure, that the Applicant is to provide compensation for any <br /> damage to the structure; or...." A Structure Agreement for the Mary Ann <br /> Sink Trust has not been received from Martinez Western Constructors <br /> identifying West Fence, as required. <br /> Road improvements made before and after mining by the operator to 22 <br /> 1/2 Road were not permitted as required by both Mesa County and the <br /> City of Grand Junction. Asphalt millings were placed on 221/2 Road in <br /> conjunction with the mining operation. The operator at the junction of <br /> Saddlehorn Road and 22 1/2 Road placed some asphalt millings in March <br /> 2018 before the extraction occurred. The 22 1/2 Road was the haul route <br /> to the CDOT project. The improvements to 22 1/2 Road were not made <br /> under permits and were not completed. The operator needs to obtain <br /> permits after the fact from both Mesa County and the City of Grand <br /> Junction and complete 22 1/2 Road to their satisfaction. The road needs <br /> to be finished to its end with asphalt millings as part of the reclamation <br /> as it is a public right of way and not a private drive. The application <br /> confirms that improvements were made to existing roads as a part of the <br /> mining, in the "Source of Legal Right To Enter" Agreement of 3-1-18. See <br /> Attachment B. <br /> The Justin Carver property and the City of Grand Junction need to be <br /> included for Structure Agreements, as these entities are within 200 feet <br /> of the area impacted by the violation. It appears the boundary is being <br /> manipulated to favor the operator so dealing with the impacts to 22 1/2 <br /> Road can be avoided. Excluding impacts is contradictory to the <br /> Division's process. The impact to 22 1/2 Road was clearly a part of this <br /> violation. The Justin Carver property was included in the previous <br /> application attempt (M2018-018), and the property is within the City of <br /> Grand Junction boundaries. See application received by the Division on <br /> June 17, 2019, "Exhibit E Mining Plan 1" confirming the Justin Carver <br /> property and the City of Grand Junction are within 200 feet. See <br /> Attachment D (Page 1 of 2). <br /> Martinez Western Constructors were negligent by not surveying the <br /> area before mining, and by not adhering to required setbacks for Mesa <br /> County. The area of extraction was not setback as would be required if <br /> properly permitted (Mesa County 5.2.14 Mining and Extractive Uses (C) <br /> (Page 2 of 21) Comments &Attachments from Mary Ann Sink Trust; 601 22 'h Road <br />