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CIS. Susan Campbell-Bcll October 5, 1993 Page 3 r court appearance dates and preparation of legal documents for the Attorney General's Office and other parties. Regazding your comments about the Colorado Department of Public Health and Environment (CDPHE) inspection of the site, the Division agrees that the CDPHE, Air Pollution Control Division, is the appropriate agency for you to contact regarding concerns over fugitive dus[. A rapid inspection of the site by the Health Department was appropriate, since fugitive dust problems are of immediate concern and fall directly within the jurisdiction of that agency. I assure you that any serious and immediate environmental concerns at the Stone Gravel Pit that fall within the jurisdiction of our agency will also be dealt with as a priority. Regarding the appazent confusion about the locations where applications for new permits are to be filed, please be aware that the Durango Field Office is in a bit of a unique situation in that original applications are sometimes sent to that Office and, at other times, applications aze sent directly to the Denver Office. Current administrative procedures involve completing a preliminary administrative review of an application at the Denver Office, followed by technical review of the application, after it is sent to the Field Office. As neither Office has, to date, received an application package fora "County Road W" pit, as referred to in your letter, Mr. Erickson was simply stating a fact when he indicated he had not seen an application for such an operation. Please be aware that DMG staff routinely hear rumors regazding proposed operations. However, since many of these never materialize, DMG staff have been direc[ed to avoid engaging in speculation or informing members of the public that an operator maybe submitting an application for a site at some future date. In summary, it appeazs that Mr. Erickson has handled the complaint process correctly and in full accordance with statutory requirements and current DMG and MLRB policies and procedures. My recommendation is that both parties endeavor to communicate cleazly, in order to avoid any future misunderstandings. Mr. Erickson has indicated that he will conduct the complaint inspection within the 30-day period, which is appropriate given the nature and extent of jurisdictional issues identified in your correspondence. Please contact Bruce Humphries, Minerals Program Supervisor, or me at 303-866-3567, if you have any questions. S ince rely, ,~~Z.~~~ Michael B. Long ~~ ti1 i3 L Division Director MBUtdg / / /~~W ~v~ `-- ~_ ~" ~~ ~ cc: Wade Buchanan, Executive Director, DNR Bruce Humphries, Minerals Program Supervisor, DMG Wally Erickson. DNIG M089corl.mbl