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• ~ iii iiiiiiiiiiiiiiii <br />DELTA COUNTY, COLORADO <br />BRADLEY K. KOLMAN, COUNTY ATTORNEY <br />601 PALMER STREET -SUITE 106 - DELTA -COLORADO - 81416-1764 <br />PHONE: (970) 674.2090 <br />January 6, 1998 <br />FAX: (970) 674-2114 <br />ReceTve~ <br />Colorado Department of Natural Resources <br />Division of Minerals and Geology <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Re: Lemoine Gravel Pit -Permit No. M-79-140 <br />Ladies and Gentlemen: <br />.-ar~ 0 719?g <br />Durangc ~Fld QNIC9 <br />~OAOtP~t~;;,~a:a ~ ~solo9Y <br />With respect to the letter dated December 8, 1997, informing John Timbreza of Delta <br />County of a possible violation, that letter was based upon my letter dated October l6, 1997, <br />which the Division received on December 1, 1997. In reference to the Lemoine Pit, I stated that <br />"we may have unintentionally'planned' our way to non-compliance. It is my understanding that <br />both of the plans for these pits required daylighting, but we did not include sufficient property in <br />our agreement to create the proper grade and maintain the safety for the pits." In reviewing the <br />matter further, we find that the daylighting issue does not apply at the Lemoine pit. <br />We do have two areas that appear to be disturbed outside of the permitted boundaries. <br />enclose a map herewith with those two areas shaded: an area in the southwest comer of the <br />permitted areas which includes less than .OS acres, labeled Area A on the map; and an area of <br />approximately .9 acre just south of the permitted area, labeled Area B. <br />Our research now indicates that the disturbed area labeled Area A is actually a result of an <br />old roadway used for access to this area well before Delta County began mining gravel and before <br />our permit was granted. The access road shows on the map below the west side of the permit and <br />has never been disturbed by Delta County. <br />As a practical matter, we intend to amend our application in the future and although it is <br />not certain what the amendment will include, it is likely that the amendment will take into account <br />the disturbed area on the west side of the present permitted boundary. At any rate the old <br />roadway also lies in a reclaimed area and it is not clear what if anything should occur to further <br />reclaim or protect that area at this time. <br />DEN~/ER OFFICE <br />PUBLIC FILE COPY <br />FILE: Nt-; ~j- I~iC <br />SITE: i_zMO,~nr G~a~~~,~' <br />COUNI'Y7/lemoine.doc <br />