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Ms. Campbell Bell 3 December 5, 1997 <br />Stone Gravel Pit Permit No. M-97-089 <br />jurisdictional issue for DMG. Please direct inquiries regarding archaeological issues to <br />BLM. <br />Comment: Since more trenches and numerous roads were cut, / be/ieve that the <br />exp/oration area affected is more than your estimated 500 square feet. <br />As noted above, additional disturbances to those observed and recorded by the DMG <br />inspector, may exist. However, records and information available to DMG do not indicate <br />that the Applicant has violated the conditions of Rule 1.1(13-. Under Rule 1.1(13), it is <br />possible for an operator to disturb 3,200 square feet per acre, over approximately 68 <br />acres, and remain in compliance without submitting a Notice of Intent. <br />Comment: Since the Act does not specifics//y state that there is a 1,600 square foot <br />exclusion, / be/ieve that Mi. Stone shou/d have submitted an Exp/oration <br />Notice"required by the Act to engage in the exp/oration for construction <br />materia/s. <br />Thank you for your comment. However, the authority for that decision has been reserved <br />for the Colorado Mined Land Reclamation Board. As noted in the inspection report, DMG <br />will ensure that the Board has the opportunity to consider the issue during or before the <br />January 1998 Board meeting. <br />Inquiry: A/so, was a Notice of Comp/et/on"of the exp/oration filed with the Board? <br />Rule 5.3.4, states that upon completion of exploration, there shall be filed with the Board <br />a Notice of Completion of Exploration Operations. The requirements of Rule 5.3.4 apply <br />to exploration activities. The Board has not yet determined whether the Applicant has <br />engaged in exploration activities. DMG has not received Notice of Completion, referenced <br />under Rule 5.3.4. <br />Comment: Since / am not familiar with `An Act"or `Construction Material Rues and <br />Regu/ations"it is possib/e that /have misinterpreted these regu/ations. /f / <br />have not misinterpreted them, / be/ieve that the above questions are serious <br />and need to be responded to as soon as possib/e. <br />Comment noted, prompt response provided. <br />