GENERAL44018

• Permit No: M2001001
• IBM Index Class Name: General Documents
• Doc Date: 4/6/2004
• Doc Name: Response to Complaint Dated March 4 2004
• From: DMG
• To: Caloia Houpt & Hamilton P.C.
• Media Type: D
• Archive: No

,•
DIVISION OF MINERALS AND GEOLOGY ''/
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: (303) 86rr3567
FAX: [phone]
April 6, 2004 "
Mary Elizabeth Geiger
Caloia, Houpt & Hamilton, P.C.
1204 Grand Avenue
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Glenwood Springs, CO 81601 ~ /
RE: Response to Complaint Dated March 4, 2004, Line Camp Pit,/Permit No.
Dear Ms. Geiger:
COLORADO
DIVISION O F
MIN&RALS
GEOLOGY
0.ECLAN ATION•N INING
SAf ETY•SCIENCE
Bill Owens
Governor
Russell George
Executive Director
Ronald W. Cottony
Division Direc7or
Natural Resource Trustee
M-2001-001. •
On March 8, 2004, DMG received the above referenced correspondence in which you state your
concerns about whether Four States Aggregates is in violation of its Well Permit No. 057737-F,
and therefore in violation of Section 34-32.5-115(4)(d) C.R.S.
Initially it should be noted that well permits are issued and enforced by the Office of the State
Engineer, Division of Water Resources. DMG does not and cannot enforce the permit conditions
of permits issued by other governmental bodies and/or agencies. DMG can only enforce the
specific requirements of its Act and Rules, as delegated by the Mined Land Reclamation Board.
It should also be noted that the requirements of § 34-32.5-115(4)(d) C.R.S., to which you refer,
only apply during the time a permit application is under review by DMG. That is, the time when
those requirements must be met is at the time of consideration for approval or denial of a permit
application. During the review period for the Line Camp Pit application, DMG did not receive any
notice from Division of Water Resources ("DWR") indicating that the proposed mining operation,
the reclamation program, or the proposed future use was contrary to the laws or regulations
under DWR's jurisdiction. Accordingly, the requirements under section 115 were met at the
requisite time of permit approval.
With that said, it appears that DWR does not believe Four States Aggregate is in violation of its
well permit requirements. Aryol Bromley of Four States Aggregates sent a response to DMG
concerning your above referenced complaint, Attached to his response letter is documentation
that shows that Four States Aggregates has requested an extension on the expiration of its well
permit. In addition, Mr. Bromley states in his letter that he has spoken to Don West from DWR
and that Mr. West indicated to Mr. Bromley that Four States Aggregates is not in violation of its
well permit for the Line Camp Pit and that the well permit for the Line Camp Pit remains in full
force and effect.
STATE OF COLORADO
Office of Office of Colorado