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STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 7313 Sherman St., Room 275 Denver, Colorado 80203 Phone: (303i 866-3567 FAX: (303) 832-8106 RECEIVED ~ December 20, 2005 ~ Bill Tezak ` Colorado Quarries, Inc. 270 S. 15a' St. Canon City, CO 81212 DEC 21 2005 Oirision of Minerals oar liualurv ~` / Re: Hardship Lode, Permit M-1987-027, Problem Correction, and Information of Offsite Damage. Dear Mr. Tezak, COLORADO DIVISION O F MINEgRALS GEOLOGY RECLAMATION•MINING SAFETY•SCIENCE Bill Owens Governor Russell George Executive Director Ronald W. Cottony Division Director Natural Resource Trustee I apologize for the tardiness of this written response to your last submittal. I have been recuperating from knee surgery, and since the issues involved with the submitted map will include a hearing before the Board in Denver, I needed to postpone this matter until I was fit to travel to a Board meeting in Denver. (Please note that my need to delay this matter does not worsen the issue by extending the duration of the offsite damage.) I have reviewed the diagram your surveyor made showing the footprint of the disturbance in relation to the permit boundary at the site named above. It was received here on 10/31/05, as required by the corrective action date stated / in my inspection report of 8/24/05. The main item shown on the map diagram you sent, which was alluded to in my inspection report, was the several areas ofmining-related disturbance located outside the permit area boundary. The total acreage of The. offsite disturbance was represented as 2.03 acres. This figure and the configuration of the footprint on the diagram conform to my observations from the inspection. Other than a couple small quesfions I have about the map, submittal of the map diagram satisfies the corrective action for problem numbers 2 and 3. I am confident that as the process of converting the existing 110 permit to a 112c permit moves forward, the upcoming maps will answer my questions. One of the problems that the map diagram satisfied was for the topic of "offsite disturbance" However, since the diagram confirms that there is, in fact, offsite disturbance, this issue must now be considered a possible violation. You and I have discussed this matter, and it was your stated intent to convert this110 permit to a 112c permit, and include all the disturbance that exists on the site. I have not discussed the permit conversion further, and I hope that progress is being made toward preparing the 112c application. In the meantime, regarding the possible violation, I will request that our Denver office send you a "Reason to Believe a Violation has Occurred" letter, describing the statute in violation and the schedule of the upcoming Board meetings, at which this matter must be heard. There will be Board meetings in Denver on January 11-12, and February 15-16, 2006. We must give an operator at least 30 days of notice prior to a hearing, so this will be scheduled for the February meeting. However, if you wish to accelerate the matter, you may waive your right to the 30-day notice(in writing), and request that it be placed on the January meeting agenda. The "Reason to Believe" letter will be sent under separate cover. ~~ f4µ Office of Office of Colorado Mined Land Reclamation Active and Inactive Mines Geological Survey