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Local contractors have called seeking purchase and delivery of materials. For <br /> example, Mountain Valley is improving the intersection of Rapid Creek Road and <br /> CSH 6&24 for Mesa County and/or Town of Palisade. This is 2 radial miles from our <br /> quarry,and only 9 road miles. They want 10 tons of rip rap delivered either Friday <br /> or next week. Union Pacific Railroad recently inspected and approved our railroad <br /> ballast. They',expect to need up to 3,000 tons in September for projects in Mesa, <br /> Delta and Montrose counties. <br /> Prohibiting the sale of these stockpiled materials works a prejudice to both <br /> Western Slope Flagstone as well as our customers. Mountain Valley would have to <br /> pay more for the same materials, if they had to pay greater transportation costs. <br /> The railroad ballast (the big black mound of material near the cell phone tower) is <br /> derived from high grade basaltic materials not commonly found on the Western <br /> Slope but found in abundance on the Permit Area. <br /> We have not made sales agreements, due to the pending Cease & Desist <br /> Order. Clearly, allowing the mere sale, loading and outbound transport of this <br /> material will not effect the land or water issues raised by your Order or Ms.Yeldell's <br /> July 121h Report. These materials have already been mined, screened, process and <br /> stockpiled. The sale of stockpiled materials does not seem to fit the definition of a <br /> 'mining operation" set out in CRS 34-32.5403(13) or Rule 1.1(30), Mineral Rules. <br /> or"mining activity"stated in your Order. <br /> Western Slope Flagstone requests that it be allowed to sell, load and ship <br /> (either by oujr truck equipment, third party carrier, or the customer's own <br /> equipment) the construction materials set forth in this letter. We request your <br /> earliest determination of this request,so that neither local construction projects nor_ <br /> our sales are delayed. <br /> Should you have any questions,do not hesitate to contact me. <br /> Respectfully submitted, <br /> Mr.Rudolph Fontanari,Jr <br /> Manager <br />