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• <br />Memo to MBL 4 October 3, 1998 <br />Response to FSMV Stane Gravel Rt, M-97-089 <br />The written record clearly shows that DMG conduct has remained appropriate in <br />responding to the numerous complaints and objections, submitted by FSMV, Mrs. Bell and <br />or/her lawyer, Travis Stills, to the Stone Gravel Pit. <br />Regarding FSMV's claim that DMG has somehow acted inappropriately by notifying an <br />operator of an impending inspection. DMG policy is to inform operators of objections and <br />complaints as soon as possible. DMG policy requires that staff attempt to contact the <br />operator when scheduling an inspection and afford the operator opportunity to participate. <br />In response to FSMV's contrasting DMG to another State agency. DMG Durango Office <br />has not received notice from CDPHE-APCD of a problem regarding air pollution at the <br />Stone Gravel Pit. <br />DMG Plans for Response to FSMV's 9/9/98 Complaint <br />DMG has scheduled an inspection with the operator for 10/8/98 (29th dayl• DMG did not <br />assign a higher priority than the standard 30 day policy because the issues identified <br />within FSMV's 9/9/98 complaint did not indicate serious environmental problems, or <br />potential violations of permit conditions, the Act and Rules. The jurisdictional issues <br />identified within the complaint -- possible inadequate water source, possible deviation of <br />mining plan sequence, and possible inadequate financial warranty -- appear to be issues <br />typically handled as Problems (PB1, but not Possible Violations (PV-, unless the operator <br />fails to comply with DMG specified corrective actions for a Problem. <br />History of Misunderstanding -Previous misunderstandings between Mrs. Bell and DMG <br />have occurred, possibly resulting from Mrs. Bell's confusion in dealing with multiple <br />agencies and statutes. DMG records indicate that during her vigorous opposition to the <br />Stone Gravel Pit application, Mrs. Bell and her lawyer, Travis Stills, referenced the <br />requirements of County Road Department, DWR-OSE, CDPHE-WOCD, CDPHE-APCD, <br />SHPO, DOW and the Colorado Threatened Species list, DMG, MLRB, Construction Act and <br />Rules, NRCS, BLM--San Juan Resource Area, Migratory Bird Treaty Act, Endangered <br />Species Act, National Environmental Policy Act, Federal Land Policy and Management Act, <br />National Register of Historic Places, National Historical Preservation Act, Native American <br />Graves Preservation Act, Native American Graves Protection and Repatriation Act, and <br />Archaeological Resources Protection Act. <br />In previous documented misunderstandings, Mrs. Bell apparently confused statements <br />made by personnel from the BLM--San Juan Resource Area for DMG statements. Evidence <br />that this confusion may persist, exists in FSMV's 9(30/98 letter, in which DMG is referred <br />to as the Colorado Department of Minerals and Geology, San Juan Regional office, and the <br />alleged BLM commitment to provide hardhats to tourist. DMG has never referred to itself <br />as a Department, or to the DMG Durango Office as the San Juan Regional office. <br />The written record verifies that DMG has continuously attempted to clarify regulatory <br />