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~. III IIIIIIIII'111111 <br />• <br />..i ._.. <br />BUTCH SOUTHWAY <br />117 WHITE PINE DRIVE <br />ALAMOSA, COLORADO 81101 <br />OH. Phone (719) 589-5103 <br />Res. Phone (719) 589-6868 <br />April 29, 1997 <br />"AN EQUAL OPPORTUNITY EMPLOYER" <br />RFCEIvFD <br />Mr. ,Tames C. stevens MJ{`( 0 7 1997 <br />Division of Minerals and Geology <br />1313 Shernt-tn St. , Rm.. 215 <br />Denver, CO 80203 Division of ~mulelais ~ uno~oBY <br />Re: Southway Pit (Ft. Garland), Permit No. M-81-153 <br />Inspection Report Followup <br />Dear Mr. Stevens: <br />This letter is in response to your letter dtrl. April 14, and received by <br />me on April 21, 1997. Because I had to secure a set of Rules and Regs <br />from the DNNY; which arrived yesterday, I am sa~al'iat tartly in my reply. <br />As per lh~]-e 1.13.1 m~lporary Cessation, the Southway Pit permit remains <br />effective because Southway Construction Co., Inc, is an "Operator who <br />continues to engage in the extraction of construction material...... <br />construction material reserves are shown by the Operator to *+-+++~;„ in <br />the mining operation." <br />However, refer to Rule 1.13.2 Indications of Ter~orary Cessation: <br />(1) there are no personnel working at the site for one hundred <br />eighty (180) consecutive days; <br />(5) there is no sale or processing of material or movanent of <br />stockpiled material;. <br />(6) there is only m;n;rr~l or token excavation of construction <br />material o:r other material. <br />We do not believe this portion fits ut at all. I am enclosing a copy of <br />our annual report canpleted April 3, 1997, in which the question about <br />mine operation for MARE or LESS than 180 days per year is answered LESS. <br />Until I read the Rule paraphrased above, I did not realize it rras 180 <br />consecutive days. `.Che correct answer on the report would be NDRE. It is <br />true that Southway personnel do not work at the Pit during a 180 day <br />consecutive period; others may do so. For instance, I am including sane <br />billing info that detronstrates that CDOT personnel do work there more <br />than the 180 day con:aewtive period; that there is sale of material and <br />stockpile movement. <br />