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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />ECE~ ~a'~'p; <br />7313 Sherman St., Room 215 <br />Denver, Colorado 80203 T <br />O^T O ~ 20Q2 DIVISION O F <br />l• 1 (~ <br />Phone: (303) 866-3567 MINERAL S <br />~ <br />FAX: (303) 832-8106 Division of Mine,at, ~., ,„ G E O L O G Y <br /> BECLA MATION <br />MI NING•SAFETY <br />Bill Owens <br />October 2, 2002 ~ f ~ ~ ~ ' "' enverrw. <br />~. Greg E. Walther <br />Executive Director <br />Larry Mondragon ~ ~ ' ~ , Rnnala w. Gttany <br />9451 US Highway 285 South Acting Division Direcor <br />Alamosa, CO 8l 101 \ <br />Re: Rio Grande Benue Site, Original Permit No. M-1978-126 HR, New Permit No. M-2002-106. <br />Dear Mr. Mondragon, <br />By now you have received the inspection report for the 9/23/02 visit we made to the bentonite site. It <br />discusses the same issues we looked at during the inspection, and concludes that the site must continue to <br />be permitted if it is to remain active. However, after discussing the situation with staff here at the office, I <br />had to inform you in that inspection report that since the operation had exceeded 3 acres (the size <br />originally permitted in 1978) and that you also intend to increase the size in the future, addition of land <br />was required to bring your site into compliance, and that an amendment application was the only way to <br />do that. This is the only mechanism we have for this type of permit action. <br />If you do not intend to operate the pit in the future, or expand it further, there may be other ways to bring <br />the site into compliance, besides a permit amendment. That is something we have discussed only briefly, <br />which might include fixture use of the site for a licensed landfill. If you wish to explore other, non-mining <br />options, please contact me. Otherwise, please proceed to prepare the 110 amendment application form <br />and the exhibits for submittal on or before 12/31/02. Some of the exhibits do not need to be resubmitted, <br />if they have not changed since first provided. If you have questions at any time about how to prepare the <br />materials, please contact me. I can discuss the materials with you, or can refer you to other parties in the <br />Alamosa area which have experience with this type ofthing. But please understand, your operation is not <br />in compliance with your permit, and corcections must be made. Let us not allow the deadline to pass <br />without working to correct the problem. <br />You had requested a copy of the file, which I did not have time to prepare for you before mailing the <br />recent inspection report. Enclosed you will find a complete copy of the original 1978 file, including <br />application form and exhibits from your father, review materials from the Division, the surety (bond) <br />form and the permit document itself. The Division's 1981 inspection report is also included. <br />I look forward to working with you on whatever amendments you wish to make to the permit, or if a <br />different path is desired which does not include future mining. Please ensure all correspondence, etc,, <br />contains the new permit number shown above. You may reach me at the Division's Durango field office: <br />701 Camino del Rio, Room 125, Durango, CO 81301; telephone 970/247-5193 or fax 970/247-5104. <br />