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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />July 28, 2003 <br />Mr. Cecil C. Powell <br />P.O. Box 23 <br />Dinosaur, CO 81610 <br />RE: Powell's Gravel Pit, Permit No. M-1995-012 <br />Deaz Mr. Powell: <br />COLORADO <br />DIVISION O F <br />MIN SRALS <br />GEOLOGY <br />RECLAM ATION•NINING <br />SAFETY•SCIENCE <br />Bill Owens <br />Governor <br />Greg E. Walther <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />The Division of Minerals and Geology conducted an inspection of the Powell's Gravel Pit on April 7, 2003. The <br />inspection report identified the following unresolved issues and corrective actions: <br />1. During the inspection, it was discovered that there was only one boundary marker present <br />to identify the pemlit area. This is a possible violation of 3.1.12 (2) of the Construction <br />Materials Rules and Regulations, for failure to mazk the boundaries of the affected azea by <br />monuments or other markers that aze cleazly visible and adequate to delineate such <br />boundaries. <br />Corrective Action: Post the appropriate bolmdary markers at the boundaries of the permit azea within 30 days <br />of receipt of this inspection report, and send photos to DMG for verification. <br />2. During the inspection, it was discovered that there was no stockpile of topsoil at the site, <br />which would be used for reclamation of the site. This is a possible violation of 3.1.9 (I) of <br />the Construction Materials Rules and Regulations, for failure to remove and segregate <br />topsoil from other spoil and/or a possible violation of the 34-32.5116 of the <br />Colorado Revised Statutes, commonly referred to as the Colorado Land Reclamation Act <br />for the Extraction of Constructon Materials for failure to perform the reclamation plan <br />prescribed reclamation plan. <br />Corrective Action: Within 60 days of receipt of this report, submit proof to the Division that there is adequate <br />topsoil at the site to reclaim the site according to the approved reclamation plan, or revise the reclamation plan <br />to include importation of adequate topsoil to the site for reclamation. In the case where topsoil would be <br />imported to the site, the Division will recalculate the bond for the site to include the cost of topsoil <br />importation, and the operator will be required to submit the additional bond. <br />The deadlines for the above corrective actions were set for June 23, 2003 and July 23, 2003 respectively. Although the <br />deadlines for the corrective actions regarding these issues has passed, and this situation was addressed in a telephone <br />conversation on with Jayne Kuck on June 20, 2003, the DMG has still not received evidence that the corrective actions <br />have been taken. Please supply evidence of the corrective actions concerning the above issues, or the DMG will <br />consider that a possible violation exists and the item will be scheduled before the Mined Land Reclamation Boazd. <br />Your prompt attention to this matter will eliminate the possibility of an appearance before the MLRB. If you have any <br />questions regazding this issue, please contact me at (303)866-4935. <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />