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,~(B M Ii1311LIN:N'.rU, SBICVICRS <br />711 Hill'llllilll IGMII dconaerC~gobrainstorm.net <br />(~~rfe~, C11 li1321.4(129 Ph: (970) 565-8394 <br />[Voice -Fax -Message] <br />26 January 2007 <br />Division of Reclamation, Mining and Safety / <br />Colorado Depaztment of Natwal Resowces d ~ ~C`S~~ '`'%~'~~ <br />~~ ~ 701 Camino del Rio, Room 125 ~In mass <br />Dwango, CO 81301 /vl - zones- 0~9 ~~AN 2 g 2007 <br />O evu}-or res~'~s-e ~°~ <br />Attention: Wallace H. Erickson, P or~ 4~urr-~s•~;o ;=;e1tJ o~~ <br />Environmental Protection Specialist I riSr ec-~~a" '~~"~ ~/v~~ nos`Reclamation <br />9 and Safety <br />Deaz Mr. Erickson: <br />We have received yow Inspection Report for the 18 December 2007, site inspection of Hindmazsh <br />Sandstone, Permit No. M 2006-009, Ol Nov 2006 Technical Revision - I request. <br />We wish to correct the misconception of Paragraph 4 of the "Observations" on Page 2 that the <br />operator/permittee, Mesa Sandstone, LLC, is the landowner. The landowner is, in fact, William K. <br />& Kay C. Goode, as evidenced by Exhibit O of the Permit M 2006-009 application. Some of the permit <br />boundaries superimposed on yow excellent photos, too, aze inaccwate in the vicinity of upper Mc Elmo <br />Creek, however that portion of the permit area is not involved with the alleged violation. <br />We concw that a quantity of approximately 2,750 tons of rock materials that had been produced within <br />the permitted mining azea of Permit M 2006-009 had been inadvertently stockpiled outside the <br />boundaries of the "Office Trailer/Pazking Yazd" azea of the Permitted Area. The intent of the operator <br />(Mesa Sandstone, LLC) was to request a permitted area boundary revision to incorporate that pre-permit <br />former stockpile azea into the permitted area, by means of the requested Technical Revision - I of 1 Nov <br />2006. <br />Ilnfortunately, personnel at the site misunderstood the sequence of permit revision procedwes and <br />mistakenly assumed that the former stockpile azea was approved for cwrent stockpile operations. In an <br />attempt to mitigate the alleged possible violation, Mesa Sandstone, LLC, following our 18 Dec 06 <br />discussion on the site with you, has sold the entire inventory of those misplaced materials to the Goode <br />Ranch (INVOICE copy, attached) for use in their future plans to construct a ranch pond on nearby Goode <br />Ranch property. The materials therefore aze now severed from the Hindmarsh SS quarry premises and <br />now aze stockpiled independently on a portion of the Goode Ranch outside of the cwrent permitted area. <br />Mesa Sandstone, LLC shall await the determination of the Mined Land Reclamation Board at the <br />scheduled hearing of 14-15 March 2007 concerning the alleged violation and ow request for a Rule <br />1.4.11 Administrative Appeal, (letter of 08 Jan 2006, attached) regazding the disputed question of <br />whether a technical revision is appropriate for making the boundary revisions that were requested eazlier. <br />Sincerely, ~`,r <br />Douglas L. Conger,-,~ ologist RECEIVED <br />~.,.as,~,n~" ~~s FE9 1 ?_ 2007 <br />umswn or rteaamauon, <br />Mining and Safety <br />File: Comp/C /MesaSS /HindmarshAppeal 1/26/2007 <br />