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i ~ III IIIIIIIIIIIIIiII ~ <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman SL. Room 2t5 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: {303) 832-8106 <br />August 16, 2001 <br />Mc William Cash I1 <br />13135 W. 2°d Place 3538 <br />Lakewood, CO 80228 <br />DIVISION OF <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MINING•SAF ETY <br />gill Owens <br />Governor <br />Greg E. Walther <br />RE: Rough Cut Pil Application Approval, File No. M-2001-033 E><eculive Dueclor <br />MrrhaelB Long <br />Dear Mr. Cash II: Division Director <br />Thank you for your letter of August 6, 2001 concerning the Division's approval of the Rough Cut gravel pit <br />application, Permit Number M-2001-033. <br />The Division approved the operator's application on July 17, 2001. The Division must receive any appeal to <br />the Mined Land Reclamation Board of the Division's approval decision for this application by August 16, <br />2001, Ute date of this letter. <br />If you desire that an appeal hearing be scheduled before the Mined Land Reclamation Board, we will <br />consider the date of the Division's receipt of your August 6, 2001 letter to Mr. Mike Long (August 8, 2001) <br />as the date of your appeal. Therefore, please confirm, by August 31, 200], whether you are requesting an <br />appeal to the Mined Land Reclamation Board. If this is the case, we will schedule this matter for a future <br />Board hearing date. <br />in reference to specific statements in your August 6, 2001 letter, according to the documents given to us by <br />the operator, operations at the Rough Cut Pit site will remain at least 200 feet from your property line. If this <br />is indeed the case, they are not required to notify you directly. The operator did, as required by the <br />Construction Materials Act, place a legal notice in a local newspaper (La Junta Tribune Democrat) between <br />the dates of April 13, 2001 and May 4, 2001. Based on the permit file and our Act, the operator satisfied the <br />notice requirements to adjacent property owners. Of course, if you do not agree, you should let us know of <br />your desire to appeal to the Mined Land Reclamation Board by August 31, 2001. <br />The fact that there are several outer operating gravel mines in the area of the Rough Cut Pit is not a reason <br />for denial under the provisions of the Construction Materials Act. I have included a complementary copy of <br />Ute Constmction Materials Act and Rules for your review. <br />We look forward to hearing from you regarding your desire for an appeal to the Mined Land Reclamation <br />Board or with any further questions that you may have about this application or the approval process. <br />Respectfully, ,~-~ <br />H. Bruce Humphries f ~ <br />Minerals Program Supervisor <br />cc: Mike Long, DMG Director <br />STATE OF COLORADO <br />Encl.: Construction Materials Rules and Regulations and MLR Act <br />gaw\dir\cashll rough cut response Itrg-16-01 <br />