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<br /> <br />B. Mich/ Lloyd ~ <br />/ 12202 East 168`h Avenue <br />Brighton, Colorado 80602 <br />Phone 303-659-4545 <br />Fax 303-659-8194 <br />August 8, 2004 <br />Mr. Harry Posey / <br />Colorado Division of Minerals and Geology / 0 <br />1313 Sherman Street, Room 215 /~c So <br />Denver, Colorado 80203 <br />RECEIVED <br />AUG 0 9 2004 t~ <br />Division ~f Minerals and Geology <br />/ 99/- ~a r/ <br />-"-% <br />RE: Aggregate Industries-WCR Inc. <br />Application for Permit - M-2004-044!/0 e o Ohf ~° r ~ <br />Tucson South Resource ~~ ~r <br />Adams County <br />L C7 <br />Dear Mr. Posey <br />This is a letter of comments regarding Aggregate Industries' above mentioned application <br />for a permit for sand and gravel mining in the area of Tucson Street and Route 7 just <br />outside of Brighton in Adams County ("Tucson South'. Aggregate Industries has another <br />sand and gravel mining operation adjacent to the area they are requesting to mine. This <br />other mining operation is known as the Tucson resource sand and gravel mine ("Tucson <br />Pit's and Aggregate Industries operates this mine under Permit # M-91-140. I have a <br />copy of the application for permit M-2004-044 and a copy Permit #M-91-140. The <br />Tucson Pit has gone through several ownership changes since it was originally permitted <br />in 1991. <br />My home is in this neighborhood. <br />The reason for my addressing the Tucson Pit in this letter is that, as I understand it, <br />Colorado law may not allow your office to issue (and possibly not even consider) an <br />operators request for a new mining permit if that operator is in violation of their mining <br />permit at any other location. Aggregate Industries' Tucson Pit currently appears to be in <br />violation of Permit M-91-140. Based on the documents filed with the State of Colorado, <br />numerous variances from their mining plan are apparent when viewed from the <br />surrounding roads. A partial list includes: <br />1. The fence around the properly is missing or down in several areas. <br />2. The mining plan requires concurrent reclamation -the only thing I am <br />aware of at the Tucson Pit that is part of reclamation is the slurry wall that <br />was installed a few years ago. The mining operation has been going on <br />since approximately 1992. <br />3. Noxious weeds are not being taken care of. <br />4. The roads on the property do not appear to be maintained in accordance <br />with the mining plan. <br />5. Signage at the mine is not in compliance with the State's requirements. <br />