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ti. z~~~ eft. ~-- ~ III Illlllllllllllll Comments to the Colorado Mrned Land Reclamation Boazd concerning Notice of Possible Violation, Permit No. M-82-124. Fj ~ Z~-'Q~ Larry Oehlar explained what prompted the Notice of Possible Violation from the Division. Since the time of Larry's inspection I have spent a great deal of time researching the development of this pit. The facts are clear. Mining activity exceeds the limits established in the permit. The question is how did it happen and when? As a part of my comments I will offer a letter from Mr. Martin Woodring, the property owner. Mr. Woodring acquired the property from a Mr. Webb sometime in 1978. Prior to Mr. Woodring acquiring the property, Mr. Webb allowed mining on the property. Mr. Woodring a long time resident of the area estimates the property has been mined for over 40 years. I have an air photo of the area taken in 1978. The air photo shows the considerable past mining activity. From correspondence in the file it appears the MLRD in 1978 was most interested in getting permits for active mining operations. The historical operator of the pit was Mesa County, and it was in fact Mesa County who acquired the original permit. The County used a consultant to prepare the permit application and produce the maps. Frankly I don't see how the maps prepazed by the consultant beaz much resemblance to the air photo made at the same time but this is all we have to work with today. Also in spite of the large disturbed area the County only applied for a 110 permit. [suspect the County determined that most of the disturbed azea was done prior to the establishment of the reclamation act. I also suspect the 110 was used because it was more expeditious. When Mr. Woodring bought the property he did not want to continue leasing the pit to Mesa County. He negotiated with Com Construction Co. for a new lease and on May 15, 1979 Corn entered into a 10 year lease with Mr. Woodring. The effective date of the lease was contingent on the succession of operator by Com from Mesa County. Com Construction also entered into an agreement with Mesa County to allow the County to remove its previously crushed gravel and even to allow the County to mine gravel. th April 1980, the MLR Board approved the succession of operator from Mesa County to Com Construction Co.