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a~e~,,ea <br />J`~ t ` ~ 203 <br />From: Ice, Melinda D [mailto:Melinda.lce@DOT.STATE.CO.US] ~e~ &~~ o~o9V <br />Sent: Wednesday, June 04, 2003 3:34 PM tat~Feia~s G0 <br />To: dmg_web@state.co.us ~,~~otM~^, ~ ~~s~ <br />Subject: Olin/Permit Number M2001-054 ~~ AGE <br />To Whom it may concern: I am the Region Access Manager for CDOT in Durango. I am <br />writing in reference to a property owner who has land adjacent to State Highway 550 just <br />north of Ouray. His name is Linn Olin and he owns Bridal Veil Construction. He was issued <br />Permit Number M2001-054 to allow him to mine gravel. I believe the formal name the <br />permit was issued under is Emery L. Olin, d.b.a. Bridal Veil Construction. We would like to <br />just gain some information relative to your rules and regulations. We are having a problem <br />getting compliance from Mr. Olin pertaining to his access to the state highway system. <br />When issued a mining permit, is he required to obtain all state and local permits as part of <br />the requirements? Is there any recourse that this division can take if he has not obtained <br />the proper access permits? We have sent him one notice of non-compliance and he was <br />supposed to respond in writing by yesterday. He has called but has not provided anything. <br />The mining operation continues to be unsafe without the required access and related <br />highway improvements. Currently, sight distance requirements and access construction <br />standards are not met. However, it is quite an administrative process for us to go through to <br />block the access from use if he does not comply. Is there any route with the Division that <br />could be pursued to get his mining operation shut down until the access is brought into <br />compliance and can safely be used? I will be sending his final notice out today but it will <br />then have to go to the A.G.'s office from there and in the meantime he continues to operate <br />and he is hauling material from the site onto the state highway in a very unsafe area. He is <br />required to provide us with an engineered site and access design as well as address all <br />drainage issues. His engineer said they were going to do that but we have gotten nothing so <br />far and of course, they continue to operate at this currently unsafe location. <br />The Division may be bound by the same Administrative Procedure Act rules that we are, but <br />we are trying any way that we can to stop the unsafe use until it is brought into <br />conformance. We would appreciate any input on your processes for permitting an operation <br />when it affects the state highway and does require CDOT permits. We have several ongoing <br />in this region that we are having problems with and would like to know if there is a way to <br />make sure they have our permits before they start mining since very often their operation is <br />going to require extensive access improvements as well as auxiliary lanes on the state <br />highway, depending on the scope of the operation. Maybe just acheck-off or something? <br />know none of you has the time to police it but if there was just something to tie them to. I <br />would appreciate any input. Thank you for your time. <br />Melinda D. Ice <br />Colorado Department of Transportation <br />Region 5 Access Manager <br />3803 North Main Avenue, Suite 100 <br />Durango, Colorado 81301 <br />Phone: 970-385-3626 Fax: 970-385-8361 <br />mailto: melinda. ice(a.dot. state. co. us <br />