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DIVISION OF MINERALS AND GEOLOGY Department o(Natural Resources 7313 Sherman S[., Room 215 Dem~er, Colorado 80203 Phone 1303) 866-3567 FAX'. 1303) 832-8106 December 24, 2001 Doug Follette Piecemakers 1720 Adams Avenue Costa Mesa, CA 92626 III IIIIIIIIIIIII III?F 999 COLORADO I° .~., ~. ~a. .. ,,.y.-. e.... ..... ~ J: ,.:!~ ~a`~ ~ Z K G ~ ~.t Oryraranor v j?oo? M; RE; Response to Complaint, ZMK Gravel Pit, Permit No. M-1991-14~:~araBa+OBOr00N Dear Mr, Follette: DIVISION OF ML N ERALS rSa GEOLOGY RECLAMATION MINING•SAFETY Bill Owens Governor Greg E. Watcher EMeculive Director Michael B. Long Diviswn Daeciw In response to the issues raised in your complaint against ZMK Gravel Pit, dated October 26, 2001, the Colorado Division of Minerals and Geology (DMG} conducted an inspection of the mining and reclamation activities occurring at the referenced site. The enclosed inspection report, signature date December 24, 2001, records staff observations made during the inspection and responds to each of the issues raised in your complaint. As noted in the enclosed inspection report, DMG finds that the activities occurring at the ZMK Gravel Pit are in accordance with state reclamation permit conditions and in compliance with the Colorado Land Reclamation Act for the Extraction of Construction Materials, 34-32.5-101 ~ sec ., C.R.S. 11995 Repl.Vol.) and the Construction Material Rules and Regulations of the Colorado Mined Land Reclamation Board, effective October 1995, amended August 2001. The Act and Rules provide opportunity for administrative appeal for any person who can demonstrate that he is directly and adversely affected or aggrieved by DMG's decision, and whose interests are entitled to legal protection under the Act. Should you desire to pursue this option for administrative appeal, please submit a petition for a hearing before the Colorado Mined Land Reclamation Board by January 23, 2002. A petition for a hearing must be received by DMG by January 23, 2002 and must state how the petitioner is directly and adversely affected or aggrieved by DMG's decision, and how the petitioners interest are entitled to protection under the Act. The petition shall list and explain any issues the petitioner believes should be considered by the Board at the hearing. The petition for a hearing shall also specify the permit number for the operation. The permit number for the ZMK Gravel Pit is M-1991-146. Please contact me at the DMG Durango Office, 701 Camino del Rio, Room 125, Durango, CO 81301, phone 1970} 247-5469, if you have any questions. Singer Wallace H. Erickson Environmental Protection Specialist Enclosure: DMG inspection report