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iiiiiiiiiiiiiiuiu <br />~9 <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />Phone. 1303) 866J567 <br />FAX: (303) 832-8106 <br />February S, 1996 <br />Mr. Tim Huskey <br />Dolores County Road Department <br />P.O. Box 608 <br />Dove Creek. CO 81324 <br />RE: 111 Permits for County Operators <br />Dear Mr. Huskey: <br /> <br />STATE OF COLORADO <br />04 cow <br />ti~ 4 <br />N~~ ~~p <br />~~~ <br />~ 18]6 <br />Rov Romer <br />Governor <br />Michael B. Long <br />Division Dneaor <br />During the DMG inspections of the Black Snag Pit, Bartley Gravel Pit and the Cedar Point Gravel <br />Pit on 1 /24/96, you and I discussed permitting options for Dolores County Road Department for <br />procuring road maintenance material for school bus routes. After reading Rules 1 .1 (461, <br />1 .11471, 1 .4.4 of the Construction Material Rules and Regulations of the Colorado Mined Land <br />Reclamation Board, effective 10/95, and Section 34-32.5-1 11 of the Colorado Land Reclamation <br />Act for the Extraction of Construction Materials, 34-32.5-101, et seq., C.R.S., 1995, as <br />amended, you and I concluded that mining material for the purpose of maintaining school bus <br />routes appeared to be appropriately permitted under a 11 1 Special Permit. <br />Upon my return to the office, I discussed this issue with my supervisor, Tom Gillis. Mr. Gillis <br />stated that the 1 1 1 Special Permits issue had been recently visited by the Colorado Mined Land <br />Reclamation Board (MLRB) during their 10/95 meeting. The Board reserves sole authority to <br />determine which operations qualify as special 1 1 1 type operations. Rule 1.4.4(1) states, "Prior <br />to submission of an application for a Special 1 11 Permit, any County Applicant shall apply for <br />and receive a Declaratory Order by the MLRB that it qualifies for a Special 1 1 1 Operation <br />Permit." The Board interprets Special 111 Operation Permits as being limited to highway <br />construction projects contracted out by Colorado Dept. of Transportation (CDOT) only. <br />As stated in Rule 1 .4.4111, Dolores County is required to apply for and receive a Declaratory <br />Order by the MLRB that Dolores County qualifies for a Special 11 1 Operation Permit, prior to <br />submittal of permit application. <br />Please contact me at the DMG field office in Durango, 1474 Main Avenue, Room 207, Durango, <br />CO 81301-5182, phone (970) 247-5062, if you have any questions or require additional <br />information. <br />Sincerely, <br />w~ ~~--- <br />Wallace H. Erickson <br />Environmental Protection Specialist <br />