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01/06/2005 09:31 .303-423-7599 ENVIRONMENT INC PAGE 02 <br />~~vir~r~xx~ex~~, Inc. <br />LARRY E~ O'BRIAN 7985 VgNCE DRIVE, SUITE 205A <br />FOUNDER ARVADA, COLORADO 80003 <br />303-423-7297 <br />' ' FAX 303.423-7599 <br />January 4, 2005 <br />Mr. Thomas Schi:einer <br />Division o£ Minerals and Geology <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />Dear Tom, <br />ItEs Albert Fzei and Sons, Inc. <br />Walstrum Aggregate Quarry Permit # 83-033 <br />On behalf of my client Albert Frei and Sons, Inc. (Frei), I <br />'will respond to your letter dated, December 17, 2004 regarding <br />the pauglas Mountain Residents Association (DMRA) objection <br />letterr for the MMRR Quarry. it is unfortunate that they ohoose <br />to state that the Walstrum Quarry was not in compliance with <br />State.. or Lvcal permits. This false statement unfairlyy drags Frei <br />into a heated debate and opens us up to exaggerated claimed that <br />are costly to refute. Frei has no vested interest in the MMRR <br />Quarry and has no interest in being involved with the case. <br />On page 1, second paragraph starting with °We have had <br />direct experience .^, where they first imply a problem with <br />the Albert Frei and Sons, Inc. - Walstrum Quarrp.~ I find it <br />rather interesting that DMRA can state that "None of the <br />regulations associated with the operation of this facfl3ty have. <br />been enforced by the State of Colorado, ." The most recent <br />inspection (9/10/04) by the Division of Minerals and Geology <br />indicated that there mere nc noted problems and that the. bond <br />($741,500) is adequate. It is clear from this inspection zeport <br />that the Walstrum Quarry is in fact in compliance. Not only is <br />the Walstrum Quarry in compliance with the Mined .Land Redlamation <br />Board;permit (M-1983-033), it is in compliance with, a Clear <br />Creek:COUnty PUD~; the C lorado pepartment of Aealth - Air <br />Pollution Emissions Per it (83CC104(1)F); the Colorado Department <br />of Health NPDES permit Stormwater Management Pian (COG - <br />500268.).;..,the weed Contr 1 plan; the CDOT highway access permits; <br />the CDOT highway sweeping plan; and the lighting plan that are <br />required by various govs~rnment agencies. In additions, the <br />quazry is inspected twi e a year by the Mine Safety and Heath <br />Administration (MSxA). This mine has been in oont~nuoue <br />operation since 1983 an if Prei were not in Compliance I am suze <br />that one of the regulatdry agencies invalyed would have shut the <br />mine down by now. ~ <br />