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Lloyd V. "Buck" Barnh~ t 212 W. 13th, Pueblo, Colorado 81003 Office: (719) 543-1324 Home: (719) 542-9207 Fax: (719) 543-1329 May 10, 1996 MAY 13 1986 Mr. Jim stevens ;;;,,;;;,;,;,;tMinerals&Geology Division of Minerals and Geology 1313 Sherman Street, Room 215 Denver, Colorado 80203 Re: M-77-317, Cedarwood Clay Mine Summit Brick and Tile Dear Jim: After our inspection yesterday, I came back and reviewed the file on this operation, and also talked to Mr. Joe Welte, Summit President. This shed a lot of light on this operation that should clear up some of the questions. I apologize for my incomplete knowledge of the background, but I have only been involved with this pit in a minor way since 1994. Attached is same of the correspondence that was used in de- veloping the permit. The fiirst item I found was a letter from Impact, Ltd., consultant for the original permittee, dated October 28, 1977. The highlighted portions of the let- ter emphasize that no use should be made of previously disturbed areas around the mine for equipment storage or stockpiling. It further states that "In order to obtain a permit to mine the greatest amount of clay in the future, it would, therefore, seem prudent to completely abandon any pre- viously mined areas and move stockpiles and equipment on to virgin land anticipated to be mined in the future under the permit." The second item was a letter to the Chairman of the MLRB ask- ing for interpretation of the Rules and Regulations. The highlighted portion states" The ruling in question is that use of previously disturbed areas for stockpiling, spare equipment, parking or haul roads would require that those previously disturbed areas containing no commercial mineral be included in the less than 10 acre figure for the mine. If this definition prevails, it would be imprudent fior small mining operations to stockpile or store equipment in previ- ously disturbed areas, since a greater amount of the product mineral could be mined under the permit ifi the equipment storage and stockpiling were done on virgin land to be mined in the future."