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• °o D[~d4A Sf~1~n1D A1dD QiRAVEt. ~:~_ P.O. BOX 103 DELTA, COLORADO 81418 • III IIIIIIIIIIIIIIII 999 RECEIUEL~ FEB 1 g 1994 February 15, 1994 State of Colorado Department of Natural kesources MINED LAND kECLAMATION DIVISIGN 1313 Sherman St., room 615 Denver, CO 80203 To Whom it May Concern: C'ieie~on of PAinerzic c u~o,c-,y In regard to your department's recent inspection of our Pit #3, file #M-77-022, on the consideration of a possible notice of violation, cease and desist order, corrective actions and civil penalties for mining disturbance outside the permit area. Our understanding is that the Mined Land keclamation inspectors feel that we should prove that our Ready-mix Plant was in operation previous to our mining operation. The following information and comments substantiates the fact that our Ready-mix Plant was in existence before a mining operation and as so that information is in our original permit application, and is therefore, exempt from the jurisdiction of the Mined Land keclamation Division. The property was leased in 1975 and acquired on March 2, 1976 (see attached). The Ready-mix Plant was placed on the property in late 1975. Since that time, aggregate material for the Ready-mix operation was, and still is, trucked in 30 miles, from the Delta plant, due to the amount of coal found in the material extracted from the North Fork River. Material will not make specification concrete aggregate. The materials available in the Pit #3 mining operation are only made for road bases, asphalt materials, leach field materials and fill rock. The property for the Reany-mix Plant is leased to Delta Sand and Gravel Co. by Thelma 3. and Jack k. Starner. Application for mining and reclamation permit submitted in February, 1977. As shown under Item 16 on the application form the Ready-mix Plant was in place. In our Exhibit D, of the Description of mining operation and how it is to be conducted, it states on page 6, paragraph 1, in the last sentence, "After crushing and sizing, the material is moved off the affected land to a permanent concrete Ready-mix Plant". (see atiachedj Therefore, by the virtue of the Ready-mix Plant, being in existence before our mining operation, it is not and should not be construed as part of our affected lands in our Mined Land keclamation permit #M-77-022. The Ready-mix operation and the sand and gravel operation are two separate entities with no aggregate material DELTA 874-9759 MONTROSE 249-6963 PAONIA 527-4174 RANGELY 675-2315