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~ STATE OF
<br />III IIIIIIIIIIIIIIII
<br />COLORnvv
<br />DIVISION OF MINERALS AND GEOLOGY
<br />Department of Natural Resources
<br />1313 Sherman Sc, Roam 215
<br />Denver, Colorado 80203
<br />Phone: (3031 866-35 67
<br />FAX: 1303) 832-8106
<br />RECEIVED
<br />April 19, 1999
<br />APR 2 2 1999
<br />Ilyse Auringer O,wslunotMlneralsgGeology
<br />BLM, San Juan Field Office
<br />15 Burnett Court
<br />Durango, CO 81301
<br />DENVER OFFICE
<br />PUBLIC FILE COPY
<br />FILE:_ /yl _ ~R_,o~
<br />SITE: To2e~ ~>`
<br />RE: Response to 411/99 Correspondence (CO-038) 3100,
<br />Requested Clarification for Jurisdictional Issues,
<br />Tozer Pit, DMG Permit No. M-78-107.
<br />Dear Ms. Auringer:
<br />DIVISION OF
<br />MINERALS
<br />GEOLOGY
<br />RECLAMATION
<br />MINING•SAFETY
<br />Bill Owens
<br />Governor
<br />Gre6 E. Walther
<br />Er,ecuove Dveaor
<br />Michael B. Long
<br />Division DireUOr
<br />In these proceedings, the Colorado Division of Minerals and Geology (DMG) authority is limited to
<br />enforcement of the Colorado Land Reclamation Act for the Extraction of Construction Materials, 34-
<br />32.5-101 ~I sg0.., C.R.S. (Actl, and the Construction Material Rules and Regulations of the Colorado
<br />Mined Land Reclamation Board (Rulesl. Issues such as traffic safety, dust and air pollution, noise
<br />pollution, visual impact, and quality of life do not appear to be addressed specifically by the Act and
<br />Rules and therefore appear to be beyond DMG's jurisdiction.
<br />Traffic safety, noise pollution, visual impacts and quality of life issues are generally addressed at the
<br />local government level. Dust and air pollution issues are addressed by the Air Quality Control Division
<br />of the Colorado Department of Public Health and Environment. Although the Act and Rules require
<br />that mining and reclamation operations be conducted in a manner which minimize impacts to the
<br />prevailing hydrologic balance, water quality issues for surface waters are appropriately addressed by
<br />the Water Quality Control Division of the Colorado Department of Public Health and Environment.
<br />DMG encourages concerned citizens to contact DMG and schedule an appointment to come to the
<br />DMG office in Durango and/or Denver, and review the file. During such a meeting, the public may
<br />procure copies of selected portions of the permit file at 50.25 per page. A complete copy of the
<br />permit file may be provided from the DMG office in Denver, upon receipt of a written request for file
<br />copy and receipt of payment for reproduction costs and postage. DMG Durango Office, 484 Turner
<br />Drive, Building F, Suite 101, Durango, CO 81301, phone (970) 247-5469. DMG Denver Office, 1313
<br />Sherman Street, Room 215, Denver, CO 80203, phone (303) 866-3567.
<br />T02ER PIT AMENDMENT APPLICATION SUMMARY
<br />The Tozer Pit is located approximately 12.5 miles southwest of Cortez, in McElmo Canyon, in
<br />portions of the SE 1/4 and SW 1/4 of Section 36, T36N, R18W, NMPM, Montezuma County,
<br />Colorado. The Tozer Pit is a regular 112 type construction materials permit, issued to Montezuma
<br />County, for extraction and processing of road building and road maintenance materials.
<br />On July 2, 1998, DMG received an application from Montezuma County to amend the Tozer Pit
<br />permit. The amendment application was a request to expand the previous 12.9 acre permit boundary
<br />to 59.03 acres. Portions of the requested 46.13 acre expansion exists on private lands (5.62 acres),
<br />
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