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(~ ~iC7X 1 ~~~ <br />~.7~} -ii^C ,y ... r,n <br />March 11.2004 <br />Colorado Division of Minerals and Geology <br />Department of Natural Resources <br />1313 Sherman Street, Suite 215 <br />DENVER, CO 80203 <br />(303) 866-3467 <br />l;,L~n <br />'Ur r 6~Q~Q <br />coq ofn9~ F/e <br />CDMG Durango Office ~y~~E3s~G~n~~ <br />ATTN: Mr. Wallace H. Erickson <br />701 Camino del Rio, Room 125 <br />DURANGO, CO 81301 <br />{970) 247-5469 <br />SUBJECT: Your letter of 8 March 2004, RE: Complaint from M.E. Geiger, Line Camp Pit, <br />Permit No. M-2001-001. <br />Dear Mr. Erickson: <br />We believe that the allegations made by Ms. Geiger are unfounded and unsupported. <br />In the information provided to Ms. Geiger and Ms. Boynton prior to the last hearing in front of the <br />Board, we included a copy of our letter to the DWR requesting the extension of the temporary <br />substitute water supply plan (SWSP). Although we have received no formal notification of <br />action on our request, Nathan discussed the renewal with Mr. Don West of the DWR, and then <br />with the entire staff of DWR on Wedenesday, and they indicated that we were not in violation of <br />the law and that the SWSP and the well permit remained in force. We have also requested the <br />extension of the SWSP for the period of 2004-2005. The first year of the SWSP, we were <br />approved for up to 9.31 acre-feet consumption: in reality we used only 3.77 acre-fit; in the <br />current 2003-2004 year, the plan allowed for use of 15.31 acre-feet; in reality we have <br />consumed 12.41 acre-feet (through February). We believe that we are complying with both the <br />letter and spirit of the law. <br />A copy of the cancelled check for the renewal fee, as endorsed by the DWR and deposited on <br />25 April 2003, before the SWSP expiration date of 30 April 2003, is attached with a copy of our <br />letter requesting the extension. <br />If there are any questions, please call me at (970) 565-3388, or contact our environmental <br />engineer, Nathan Barton, at (970) 564-1380 or (605) 390-7255. <br />Si cerely,~ f <br />r'V <br />ryol B mley <br />Manager <br />Four States Aggregates LLC <br />~' <br />;~ <br />