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01/06/2005 09:31 303-423-7599 ENVIRONMENT INC PAGE 02 <br />Env~roq,negt, ~n~. <br />LARRY E. O'BRIAN <br />fpUNpER <br />January 4, 2005 <br />Mr. Thomas Schreiner <br />Division o£ Minerals and Geology <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />Dear Tom, <br />7905 VANCE DRIVE, SUITE 205A <br />ARVADA, COLORAbO 80003 <br />303-423-7297 <br />FAX 303.423-7599 <br />Permit #: 33 Confidental?: I <br />Class Type-Seq.: <br />From: F.c To: <br />Doc. Name: <br />RE s Albert Frei and Sons, Inc . Doc. Date (if no to stamp): / ___ <br />Walstrum Aggregate quarry Permit # 83-033 <br />On behalf of my client Albert Frei and Sons, Inc. (Frei), I <br />will respond to your letter dated, Decembez 17, 2004 regarding <br />the Douglas Mountain Residents Association (DMRA) objection <br />letter for the MMRR Quarry. It is unfortunate that they choose <br />to state that the Walstrum Quarry was not in compliance with <br />State or Lvcal permits. This false statement unfairly drags Frei <br />into a heated debate and opens us up to exaggerated claimed that <br />are costly to refute. Frei has no vested interest in the MMRR <br />Quarry and has no interest in being involved with the case. <br />On page 1, second paragraph starting with "We have had <br />direct experience .", where they first imply a problem with <br />the Albert Frei and Sons, Inc. - Walstrum Quarry. I find it <br />rather interesting that DMRA can state that "None of the <br />regulations associated with the operation of this facility have <br />been enforoed by the State of Colorado, ." The most recent <br />inspection (9/10/04) by the Division of Minerals and Geology <br />indicated that there mere no noted problems and that the bond <br />($741,500) is adequate. It is clear from this inspection report <br />that the Walstrum Quarry is in fact in compliance. Not only is <br />the Walstrum Quarry in compliance with the Mined Land Reclamation <br />Board permit (M-1983-03310I, it is in compliance with, a Clear <br />Creek County PUD; the Cdlorado Department of Health -Air <br />Pollution Emissions Perst~it (83CC104(1)F); the Colorado Department <br />of Health NPDES permit Stormwater Management Plan (COG - <br />50026B.).;.„the weed Contr ,1 plan; the CDOT highway access permits; <br />the CDOT highway sweepit>Ig plan; and the lighting plan that are <br />required by various government agencies. In additions, the <br />quarry is inspected twide a year by the Mine Safety and Heath <br />Administration (MSHA). This mine has been in continuous <br />operation since 1983 and if Prei were not in compliance I am sure <br />that one of the regulatdry agencies involved would have shut the <br />mine down by now. <br />