2003-05-27_GENERAL DOCUMENTS - M2001054

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STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 May 19, 2003 ~~ Concerned Neighbors of Bridalveil Gravel Pit ~ ~ c/o Andy and Rhonda Palmer PO Box 1315 Ouray, CO 81427 Re: /i t,, ~ Bridalveil Pit, Permit M-2001-054, Response to Written Complaint. Dear Concerned Neighbors of Bridalveil Gravel Pit, DIVISION O F MINERALS GEOLOGY RECIAM ATION MI NIN G•SAFETY Bill Owens Governor Greg E. Walther Ezecutive Director Ronald W. Cattany Acing Division Director I have received the faxed and mailed copies of the written complaint you sent to me, concerning the site named above. During the week prior to receiving your letter, I inspected this site and found many of the same types of conditions which you listed in your letter. Of the many topics you mentioned, a few of them fall within the jurisdiction of this agency. However, I will try to respond to all of the points you raised in your letter in the pazagraphs below. This agency issued this permit to Bridalveil Construction in October, 2002. I under stand that, since the site is located within the Town of Ouray limits, Bridalveil Construction also went through a permitting process with the town. I am not familiar with the requirements or limitations the town may have placed on Bridalveil Construction, nor of any commitments or promises that may have been made outside the context of the state reclamation permit. My knowledge of what may or may not occur at that site is limited to that which is set forth in the reclamafion permit issued by the Division of Minerals and Geology, and my comments are necessarily limited to that. Before an operaton is issued a permit by this agency, adequate mining and reclamation plans must be reviewed and approved, and an adequate bond posted for the approved amount of disturbance. The approved mining plan for this permit allows three benches to be excavated on the slope, plus the screening and stockpiling of material onsite. Other activifies, such as establishing a stable runoff chammel (on the property) for Bridalveil Creek and construction of a sediment control pond, were also included in the mining plan. The approved post-mining land use, which the reclamation plan addresses, is industrial-commercial. Your statement regarding the future commercial use of the excavated benches matches my understanding of his plan. All state reclamation permits must include a defined boundary around the permitted area, with all approved activities to be carried out inside that boundary. The applicant defined the permit boundary as the property boundary. During my inspection I noticed that the boundary was fairly well marked, considering the uneven terrain and timber on much of it. Though I did not observe disturbance beyond the boundary, I did observe mining-related disturbance up to the property line (permit boundary) on the north side. There were several statements made in the permit application regarding buffer strips of undisturbed land along the edges of the permit. While this office does not always have authority over what non-mining activities are carried out in such buffer areas, there is authority over activities which aze carried out in support of the permitted mining operation, since all such disturbances must be adequately bonded. M ~cFi~F~ qr r (y//~J~j~ Q%Y%Rj~n 0/ ~ 'W Migo~f8 HntlCep%og~