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-a.AA- <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman SL, Room z15 <br />Denver, Colorado 80203 <br />Phone: {303) 866-3567 <br />FAX: (303)$32-8106 <br />August 15, 2002 <br />Mr. Jerry Screws <br />Western Nutrients, Inc. <br />11157 W. 76~' Pl. <br />Arvada, CO. 80005 <br />Re: Extension of Corrective Action Due Date, Agri-Cal #1, M-1997-064 <br />Dear Mr. Screws: <br />DIV1510N OF <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />Mi NING•SAFE7Y <br />Bill Owens <br />Governor <br />Greg E. Walther <br />Executive Director <br />Ronald W. Cattany <br />Acting Division Director <br />As you recall, the Division inspected your Gypsum mining operation in Fremont County on May <br />30, 2002. As a result of the inspection, the Division determined that the permittee may no longer <br />have the right to access the permit azea to conduct mining and reclamation operations. This was <br />noted as a problem and the operator was given 60 days to submit documentation (a description of <br />the basis for legal right of entry to the site) to the DMG that right of access was still valid. The <br />corrective action due date was set for August 2, 2002. As of today, the required documentation <br />has not yet been submitted. <br />The DMG has two (maybe more) options: one, a Reason to Believe could be sent to the Operator <br />for failure to comply with the May 30, 2002 corrective action requirement or, two, the Division <br />can extend the corrective action due date in order to provide more time for the permittee and/or <br />the Iandowner (Land Board) to find a replacement operator. Since the Land Board (per Mazk <br />Davis) would like to have this site fully developed by an economically capable entity or <br />individual and, since the site is stable and the existing bond is more than adequate to complete <br />final reclamation, the DMG has decided to extend the corrective action due date another 60 days <br />(to October 15, 2002). If a replacement operator has not been found or, the existing operator does <br />not obtain an agreement from the Land Board to access the mine site to conduct mining and <br />reclamation operations, by the October 15, 2002 deadline, the DMG will send out a Reason to <br />Believe letter that a possible violation exists. If the Mined Land Reclamation Board finds a <br />violation, the DMG will ask the Board to revoke the permit and proceed with bond forfeiture so <br />the DMG can reclaim the site. <br />If you have any questions, please give me a call at 303-866-4060. <br />Sincerely, <br />James Dillie <br /> <br />Environmental Protection Specialist <br />