REV93236

• Permit No: M1978107
• IBM Index Class Name: Revision
• Doc Date: 11/24/1998
• Doc Name: RESPONSE TO CORRESPONDENCE REVEIVED ON 11/13/98 TOZER PIT AMENDMENT APPLICATION PN M-78-107
• From: DMG
• To: ERIC LINDGREN
• Type & Sequence: AM1
• Media Type: D
• Archive: No

• • iii iiiiiiiiiiiu iii
STATE OF COLC~iv~uv
DIVISION Of MINERALS AND GEOLOGY
Department of Natural Resources
111 3 Sherman SL, Room 215
Dcnver, Colorado 80203
Phone: [phone]
FAX: 1303)83?-8106
RECEIVED
November 24, 1998 ~"^3
I
DENVEP>: OFFICE
PUBLIC FILE COPY
FILE: ~J-~g-(v7
SITE:~i.zer ,P, r
~I~
DEPARTMENT OF
NATURAL
RESOURCES
Eric Lindgren _, . ;..::::„~• ~ =-
15143 County Road G
Cortez, CO 81321
The Friends of South Montezuma Valley, Inc.
Attn.: Susan Campbell Bell
P.O. Box 312
Cortez, CO 81321
RE: Response to Correspondence Received on 11/13/98,
Tozer Pit Amendment Application, Permit No. M-78-107.
Dear Mr. Lindgren and Ms. Bell:
Roy Romer
eavernor
IamesS Lochhead
E~euitrve Director
hncnael e. long
Division Dueclor
On November 13, 1998, DMG received two correspondence regarding the Tozer Pit
amendment application. One of the letters was from Mr. Lindgren; the other letter was
from the Friends of South Montezuma Valley, Inc., and Mr. Lindgren. Following is DMG's
response to the issues and requests contained within the two referenced correspondence.
Noise Pollution, Air Pollution and Truck Traffic - Please be advised that in these
proceedings, DMG only has jurisdiction to enforce the Colorado Land Reclamation Act for
the Extraction of Construction Materials, 34-32.5-101 ES esq., C.R.S. IAct-, and the
Construction Material Rules and Regulations of the Colorado Mined Land Reclamation
Board (Rule). The Act and Rules do not address noise and air pollution, and truck traffic
issues. Therefore, such issues appear to be non-jurisdictional issues for DMG.
Noise pollution and truck traffic issues are generally addressed at the local government
level. Air pollution issues are addressed by the Colorado Department of Public Health and
Environment (CDPHE), Air Pollution Control Division (APCD), Stationary Sources Section,
4300 Cherry Creek South Drive, Denver, Colorado 80220.
Regarding the alleged violation by Montezuma County of CDPHE- APCD statute, as
indicated by the Friends of South Montezuma Valley, Inc., DMG has not received notice of
violation from CDPHE-APCD.
Noxious Weeds and Weed Free Mulch - Montezuma County had previously committed to
utilizing weed free mulch, in accordance with NRCS recommendations. Montezuma
County also enforces a county weed control program. Additionally, Rule 3.1.1016),
requires that the operator employ weed control methods for affected lands.