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,. <br />v <br />III IIIIIIIIIIIIIIII <br />999 <br />~ STATE OF <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Ronm 215 <br />Denver, Colorario 80203 <br />Phone: p03) 866-3567 <br />FAX: (303)832-8106 <br />June 16, 1999 <br />Joanne Williams <br />Director of Planning <br />RECEIVE, <br />JUN 1 g 1999 <br />Division of Minerab & Geology <br />COLORADO <br />fi/~~ C F./C~VrF/G'~ <br />S/TF. CpAr <br />v `G <br />~yV~ ~~r <br />/ h , <br />DIVISION OF <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MINING•SAFETY <br />Bill Owens <br />Governor <br />[',feRE Wakher <br />Execuovc Diwclor <br />Gunnison County Michael B. Long <br />200 E. Virginia Division Direrlnr <br />Gunnison CO 81230 <br />Re: Yule Quarry, File M-99-058, New Limited Impact 1 ]0 Permit Application by Sierra Minerals <br />Corp. <br />Dear Ms. Williams, <br />I received your letter, dated 6/l 1/99, by fax soon after our telephone conversation on that same day, <br />regarding the matter captioned above. In response to your letter, I would like to make a few comments <br />below. <br />1. The new application is currently in review by the Division. The scope of our review is limited to only <br />those matters within our jurisdiction. The extent ofourjurisdiction is defined by State statute (as <br />provided in CRS 34-32.5-101, et sea., and as generally reflected by the types of solicited information <br />found in the permit application itself, annual reports from the operator, and topics of the Division's <br />inspections. This does not extend to determinine land ownership or easment rights. <br />2. The quotation included in your second paragraph is found on page ix of the application submitted by <br />Colorado Yule Marble Company (CYMC), in the application submittal received on 3/2/89. However, <br />though that statement was included in the application package by CYMC, the subject of the statement is a <br />matter beyond the jurisdiction of the Division and Mined Land Reclamation Board, and is not regulated or <br />enforceable by the Division or Board. Please be aware that the inclusion of statements or other <br />information in an approved reclamation permit application, regarding issues that are not within the <br />jurisdisction of the Division or Board, does not in any way constitute acknowledgement or approval of <br />such statements. Non-iurisdisctional items contained in a reclamation permit application are disreearded <br />and not considered during the review of the~plication. <br />3. I am not sure of the basis of your statement that "NLRB acknowledged" the CYMC statement in <br />question. Please be aware that NLRB (the Board) is a different entity than the Division (DMG), and I am <br />not sure to which one you attribute said acknowledgement. If the basis of your sentence is simply the fact <br />that CYMC's statement was included in the application which the Division received, you are correct <br />(though as I stated above, we do not regulate or enforce this type of matter). If your sentence means that <br />the Board actually made an acknowledgement of CYMC's statement, I cannot find such action in the <br />record and would appreciate a more specific reference. Please be aware that even if the Board made such <br />