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iii iiiiiiiiiiiiiiii • <br />999 <br />• <br />STATE, OF <br />DIVISION OF MINERALS AND GEOLOGY <br />Deparimenl nl Natural Resnurce5 <br />U 1 3 Sherman A ,Room 215 <br />Denver, Colorado 80203 <br />Phone: 13031 A66-356' <br />FA.C: 13031 832-81 O6 <br />[)fib+`v :: r i <br />~ ~, _.. <br />~~. ~ , c = <br />DATE: October 23, 1996 <br />T0: File, Surface Rock Pit, Permit No. M-84-001, Mesa County <br />FROM: Wally Erickson <br />RE: Phone Conversation with John Schmahl and Alan Workman <br />I~~ <br />DEPARTMENT" OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />Governor <br />lames 5. Lochhead <br />Execu[i.e Director <br />m~chael B. Long <br />1 0/^,ip/~{yGn Director <br />At approximately 8:30 am, 10/23/96, I received a call from John Schmah ,operator of <br />the Surface Rock Pit. Mr. Schmahl stated that he had received my "deva toting letter" <br />and inquired why DMG was attempting to run him out of business. Mr. S hmahl stated <br />that he was referring to DMG 10/10/96 bond calculation, totalling 545,8 0. Mr. Schmahl <br />stated that he was the only rip rap operation in the immediate area and st ted that DMG <br />was attempting to assist an unknown competitor by running Mr. Schmahl out of business <br />by calculating exaggerated reclamation costs. Mr. Schmahl stated that D G was <br />assisting an unknown competitor in Dolores since DMG calculated equip nt mob/demob <br />from Dolores rather than Grand Junction. Mr. Schmahl stated that DMG 0/10/96 bond <br />calculation had already scared off two potential successor operators. <br />I responded that DMG 10/10/96 reclamation cost calculations were based upon <br />requirements of the approved reclamation plan and observations made by myself during <br />the 9/18/96 inspection. I stated that I would recalculate the reclamation ost upon <br />receipt of additional information from the operator regarding reclamation t sks. I stated <br />that any errors in the calculations would be corrected, if such errors are f und. I stated <br />that DMG was not attempting to favor any operator over another and that DMG 10/10/96 <br />bond calculation represented current reclamation costs. I attempted to co municate that <br />fair competition resulted from DMG regulatory actions and that DMG did n t dabble in <br />promoting unfair competition. I stated that equipment mob/demob costs ad been <br />calculated from Grand Junction and that the reference to Dolores was in rror. I stated <br />that I would provide a correct mob/demob worksheet, verifying mob/dem b from Grand <br />Junction. <br />Mr. Schmahl requested to approach the CMLR Board, during the Novembe 13 - 14, 1996 <br />Board meeting, regarding the 10/10/96 DMG bond calculation. Mr. Schm hl requested <br />copy of application for SO and copy of the Act, Rules & Regulations. <br />At approximately 11:45 am, 10/23/96, I received call from Alan Workman Bray & <br />Company Reality. Mr. Workman requested copy of DMG 10/10/96 bond alculations and <br />copy of application for SO. <br />