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_ .:.~..: .. ~ III IIIIIIIIIIIIIIII `~' STATL~F COLORADO MINED LAND RECLAMATION DIVISION ~ ~ti ~~~, •° ~~~ ~~~ Department of Natural Resources ~ .~.9 1313 Sherman SL. Room 215 (1 ~. "~ ~ Denver. CO 80203 ~,\~~ 303 866-35ti7 ! ~~ e76 rnx 303 832.8106 Ryy Romer, •' 1 Gavemor Michael B. Long. Orv~s~on nveclor April 14, 1992 Mr. Albert Frei Jr. Albert Frei and Sons, Inc. 11521 Brighton Road Henderson, Colorado 80640 RE: Albert Frei and Sons, Inc., M & G Pit, Adams County; Reason to Believe, File No. M-86-079 Dear Mr. Frei: On April 10, 1992 we conducted an inspection of your mine and found: Filling of a portion of the pit area with off-site construction waste material, specifically broken concrete. No off-site fill material is allowed under your current permit or under the Adams County Zoning Regulations. We believe this is in violation of: 1) Section 34-32-109(6) of the Colorado Mined Land Reclamation Act which states in part "The operator shall be responsible for assuring that the mining operation and the post-mining land use comply with city, town, county, or city and county land use regulations and any master plan for extraction adopted pursuant to Section 34-1-304 unless a prior declaration of intent to change or waive the prohibition is obtained by the applicant from the affected political subdivisions. Any mining operator subject to this article shall also be subject to zoning and land use authority and regulation by political subdivisions as provided by law." and; 2> Section 34-32-116(1) of the Colorado Mined Land Reclamation Act which requires "Every operator to whom a permit is issued pursuant to the provisions of this article shall perform such reclamation as is prescribed by the reclamation plan adopted pursuant to this ` section." A copy of the April 10, 1992 inspection report is enclosed for your ~r information.