REV98387 - Laserfiche WebLink

Home Browse Search

~- . , iii iiiiiiiiiiiuiii ~ BENDELOW & DARLING. P.c. Attorneys at Law September 6, 1996 Via Telefax 303-832-8106 Mr. Larry Oehler Environmental Protection Specialist Division of Minerals and Geology Department of Natural Resources 1313 Sherman Street, Room 215 Denver, CO 80203 pt_f`FiI/rD JtN ~ g 136 Stephen B. Johnson Cllvislt3n UI INIRerdl, ix Ur;ulr,gY Re: United/Norwood Gravel Pit Amendment/Adequacy Concerns Dear Mr. Oehler: This letter will respond on behalf of Ms. Abby Altshuler to the information recently submitted to the Division by United Companies of Mesa County, Inc. (the Applicant) as part of its Response To Adequacy Concems ("Response'). We received this Response on or about August 21. The Response contained several major revisions to t11e application (see below). On August 29, I advised you that Ms. Altshuler was still evaluating the Response, and would shortly respond by letter the Response in lieu of continuation of the Informal Conference. No deadline was suggested by you for Ms. Altshuler to submit her further response. The Division, however, issued its notice of recommended decision on August 30, which we received on September 4. Such recommendation was improperly made without consideration or proper opportunity for consideration of Ms. Altshuler's further letter. We nevertheless request that the Division consider this letter and then determine whether to modify its recommended decision. 1. Owner of Record. As an initial matter, we have been advised that William E. Harmsen owns an easement for a surface road through the Affected Land. Construction Materials Rule 1.1(34) defines "Owner of Record" as the Owner or owner of a surface property interest shown on the records of the County Assessor as of the date of filing. Mr. Harmsen's easement has not been disclosed on any of the mining maps. He has not been identified in the application as an Owner of Surface of Affected Land. The possible construction of a road within this easement has significant consequences with respect to the appropriate boundaries for each phase, mine slope, and distance of setbacks from road structures. This matter was mentioned by Mary Ann Gaston at the Informal Conference and in her earlier correspondence. We request that you ask the Applicant to submit information with respect to the easement reportedly owned by William E. Harmsen, and to acknowledge this on its mining plan map, and if necessary to revise the map accordingly. 2. Water Storaee Pond. The Applicant has provided dimensions for its proposed water storage pond, but has still not provided sufficient information with respect to water requirements in connection with its proposed operations. Rule 6.4.7(3) (Exhibit G -Water Information) requires the applicant to provided an estimate of the project water requirements including flow rates and annual volumes for the development, mining and reclamation phases of the project. The information which BLACK BEAR CONDOMINIUM #201 A, 101 E. Colorado Ave., P.O. Box 726, Telluride, C081435 • (970) 728-4300 Fax (970) 728-5955