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<br />`rf... , IiR11uN:IC~u, C13R~'ICRS <br />711 Ilarhuan Road <br />/.orfe~, C11 R1~2i-N1129 <br />26 January 2007 <br />~~ Division of Reclamation, Mining and Safety <br />Colorado Department of Natural Resources <br />701 Camino del Rio, Room 125 <br />Dwango, CO 81301 <br />Attention: Wallace H. Erickson, <br />Environmental Protection Specialist <br />Dear Mr. Erickson: <br />dconoer@oobrainstorm.net <br />Ph: (970) 565-8394 <br />[Voice -Fax -Message] <br />i ~ j~~~ <br />t ~ <br />JAN 2 g 2007 <br />Gr`u~n/n`of ReGamation~ <br />r7andSafety t <br />We have ~ecerved your Inspection Report for the 18 December 2007, rte inspection of Hindmarsh <br />SJ anemone, Permit No. M 2006-009,L01 Nov 2006 Technical Revision - I~request. J'~ <br />We wish to correct the misconception of Paragraph 4 of the "Observations" on Page 2 that the <br />operator/permittee, Mesa Sandstone, LLC, is the landowner. The landowner is, in fact, William K. <br />& Kay C. Goode, as evidenced by Exhibit O of the Permit M 2006-009 application. Some of the permit <br />boundaries superimposed on yow excellent photos, too, aze inaccwate in the vicinity of upper Mc Elmo <br />Creek, however that portion of the permit area is not involved with the alleged violation. <br />We concw that a quantity of approximately 2,750 tons of rock materials that had been produced within <br />the permitted mining azea of Permit M 2006-009 had been inadvertently stockpiled outside the <br />boundaries of the "Office Trailer/Parking Yard" area of the Permitted Area. The intent of the operator <br />(Mesa Sandstone, LLC) was to request a permitted area boundary revision to incorporate that pre-permit <br />former stockpile area into the permitted area, by means of the requested Technical Revision - I of 1 Nov <br />2006, <br />Unfortunately, personnel at the site misunderstood the sequence of permit revision procedures and <br />mistakenly assumed that the former stockpile area was approved for current stockpile operations. In an <br />attempt to mitigate the alleged possible violation, Mesa Sandstone, LLC, following ow 18 Dec 06 <br />discussion on the site with you, has sold the entire inventory of those misplaced materials to the Goode <br />Ranch (INVOICE copy, attached) for use in their future plans to construct a ranch pond on nearby Goode <br />Ranch property. The materials therefore are now severed from the Hindmazsh SS quarry premises and <br />now are stockpiled independently on a portion of the Goode Ranch outside of the current permitted area. <br />Mesa Sandstone, LLC shall await the determination of the Mined Land Reclamation Board at the <br />scheduled hearing of 14-15 March 2007 concerning the alleged violation and ow request for a Rule <br />1.4.11 Administrative Appeal, (letter of 08 Jan 2006, attached) regarding the disputed question of <br />whether a technical revision is appropriate for making the boundary revisions that were requested earlier. <br />Sincerely, <br />Douglas L. Conger, ologist <br />IiEM.~6ICAL S6[®1~'S <br />File: Comp / C / MesaSS / HindmarshAppeal 1/26/207 <br />