REV93495

• Permit No: M1988037
• IBM Index Class Name: Revision
• Doc Date: 10/23/1996
• Doc Name: FAX COVER
• From: DMG
• To: UNITED COMPANIES
• Type & Sequence: AM1
• Media Type: D
• Archive: No

-JCT-23-1996 17 14 „Lift pRRLING • 363 526 9150 P.02
BENDELOW & DARLING, v.c.
Attorneys at Law
Via telefax (3031832-8106
October 23, 1996
Mr. Larry Oehler
Environmental Protection Specialist
Division of Minerals and Geology
Department of Natural Resources
1313 Sherman St., Room 215
Denver, CO 80203
Re: United/Norwood Gravel Pit Expansion
Dear Mr. Oehler:
Stephen B. Johnson
I enclose as an additional exhibit a letter dated October 22, 1996 from Montrose County Attorney
Gregory D. Moxley responding to my ]ettea of September 24, 1996 to Montrose County Planner
Richard Gibbons (enclosed) to myself confirming that
1. Montrose County's position is that an asphait ba4:h plant at the site is not grandfathered and
will require a Special Use Permit; and
2. the applicant has not sought any agreement from Montrose County (to compensate the County and
in the event of damage to County Road #44 due to location of raining operations within 200' feet
from the road).
On the latter point, I reiterate my position as stated at the Pre-Bearing Conference that there is an
"issue" as to whether applicant has complied with Conswetioa Materials Rules & Regulations
Section 6.3.12 due to applicant's failure to demonstrate that it cannot reach an agreement with
Montrose County for damage compensation. Accordingly, applicant is not eniitled to locate mining
operations closer than 200' feet from County Road #44.
As to the first point, we have raised an issue as to whether applicant will m;n;m;~e the ongoing
disturbance area of 20-25 acres. Applicant has refused to provide a "footprint map" of its ongoing
operations, contrary to the requirements of Construction Materials Rules and Regulations Section
6.3.5[2][c], and has attempted to delete the concrete batch plant from its application. We have objected
to the deletion as untimely (post-comment period), and because the deletion of this intended facility
will result in underestimation of the necessary ongoing operation "footprint" azea. Because applicant
has stated that it has applied for all "necessary" local permits, but did not (even prior to deletion) apply
For the Montrose County Special Use Permit, (SUP), we request that the applicant be required to:
THE CHANCERY. 1120 Lincoln Street, Sui[e 1000, Denver, Coloratlo 80203 [phone] • Fax [phone]
BLACK BEAR CONDOMINIUM it201A,10t E. ColoradoAve., P.O. Bar 726, Telluride, CO 81435 • (970) 728-4,900 • Fax [phone]