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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman S[., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 8663557 <br />FAX: (303) 832-8105 <br />September 28, 2007 "~ <br />Mr. John Whitley / <br />1549 CR 17 <br />Gunnison, Colorado 81230 <br /> <br />RECEIVED <br />ocr o ~ 200 <br />Division of Raolamafion, <br />Mining and Safety <br />COLORADO <br />DIVISION OF <br />RECLAMATION <br />MINING <br />- s~- <br />SAFETY <br />Rat ovens <br />Governor <br />Russell George <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />Re: Div' aon Finding for Complaint Le r Of August 3, 2007 Concerning Alleged Activities at the <br />Schma z Pit, Permit No. M-1984-069. <br />Dear Mr. Whitley, <br />The Division of Reclamation Mining and Safety (DRMS) was forwarded your letter on August 3, 2007 <br />regarding possible activities at the Schmalz Pit in Gunnison County from the Department of Natural <br />Resources' Executive Director's Office. Staff had already been contacted by Philip Egidi of the <br />Division of Radiation Control for the Colorado Department of Public Health and Environment shortly <br />before receiving your correspondence. The DRMS took the content of your letter seriously and <br />investigated the matter. <br />In the letter it is stated that raw sewage and radioactive materials were or aze being brought into the <br />mine area of the Schmalz Pit. As explained in our September 10, 2007 phone conversation the DRMS's <br />jurisdiction is focused on the mining and reclamation of the permit area and how the operator <br />accomplishes that through the life of the mine. If the DRMS sees a problem on or near a permitted area <br />but does not have jurisdiction, staff will refer those problems to other agencies that may have <br />jurisdiction. <br />The DRMS looked at four issues of concern noted in your letter. <br />1) The progerty is not currentlykermitted as a 0ravel operation or constructio~ard. <br />Response: A review of the Division's records indicates the site was permitted in 1984 and has been <br />in good standing. No construction equipment or materials are or have been noted within the permit <br />boundaries of the mining area by the Division. Construction equipment and materials stored on <br />Schmalz private property is a land use issue with Gunnison County which is outside the jurisdiction <br />of the Division since it is not within the permit azea or directly related to the mining operation. The <br />issue appears to be being addressed through the County. <br />Office of Office of <br />Mined Land Reclamation Active and Inactive Mines <br />