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Greg E. Watcher, Executive Director <br />Robert W. Cattany, Division Director <br />Division of Minerals and Geology <br />June i6, 2003 <br />Page two <br />2. Permitee has not received a Gravel Mine Well Permit. As stated above, the gravel pit <br />operation is illegal. <br />3. Permitee applied for a Gravel Mine Well Permit and a Temporary Plan of Substitute <br />Supply Plan in 1998 for a gravel mine with limited operations, but the application was on the SW1/4, <br />Sec. 2 T2N, R68W of 6'" P.M. This is a quarter of a mile from the BLC Development, LLC properly. <br />4. Permitee has not applied for a Gravel Mine Well Permit for the expanded mining <br />operations which are the subject of the Amended Mining Permit. <br />5. The Amended Permit Application was erroneous instating "Hall-Irwin has an <br />approved Temporary Substitute Water Supply Plan (TSWSP) in place". <br />6. Thomas A. Schreiner of the Division of Minerals and Geology conducted an <br />inspection on April 1, 2003. The report states Mr. Gregg at that time "Confirmed that Hall-Irwin <br />Construction Company has an approved Well Permit and Temporary Substitute Supply Plan from the <br />office of the State Engineer...." This statement was not true. If there is any question on this please <br />contact Megan Sullivan of the State Engineer's Office. <br />We also advise that the permitee has expanded its mining operation beyond the authorized <br />area of mining under the Ordinances of the Town of Firestone. For your information, we are <br />enclosing a copy of Ordinance 521 of the Town of Firestone. Exhibit C provides condition of <br />approval of the ordinance and paragraph 3 states "In the Owner/Developer section, reference the <br />other land owner shown in the title commitment as all recorded owners will need to sign the ODP". <br />BLC Development has not and will not consent to the ODP amendment and any mining operations <br />under the Amended Mining Plan are in violation of the ordinances of the Town of Firestone. See <br />attached letter to Mayor and Board of Trustees. <br />BLC Development renews its request that the Amended Mining Plan be revoked. Permitee <br />operations under the Amended Mining Permit are illegal in that they violate state statutes and <br />municipal ordinances. <br />Very truly yours, <br />BLC DEVELOPMENT, LLC <br />By: ~~i~- C <br />enclosures <br />