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CALOIA, HOUPT & HAMILTON, ~P.C. ATTORNEYS AT LAW 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 Wallace Erickson Division of Minerals and Geology - 701 Camino Del Rio, Room 125 Durango, CO 81301 Tyson Powell, Esq. Assistant Attorney General 1525 Sherman Street, 5`n Floor Denver, CO 80203 Re: Line Camp Gravel Pit Gentlemen: ~.rne ~atK P Pit'" .I M_aool-arol r ~,'p K~J ~Lt11~ trn r. ~~. GetSer I Upon recent review of the exhibits provided by Four States Aggregates, LLC, in the proceedings for approval of the above-referenced gravel pit, it came to may attention that Four States is operating in violation of its Well Permit and Plan of Substitute Supply issued by the State Engineer's office. I have attached copies of these documents for your review. As you can see, the well permit expired on Apri130, 2003, unless the substitute supply plan was extended or a decree for a plan for augmentation was entered by the Water Court for Water Division No. 7. To the best of our knowledge, the substitute supply plan was not extended and no decree has entered. The MLRB's Findings of Fact, Conclusions of Law and Order issued on February 27, 2004, states that the life of the pit was found to be five years when it was initially approved in May 2001. Thus, Four States is in violation of its plan for substitute supply at paragraph 8 unless it has applied for a plan for augmentation or there will not be a permanent pond exposing groundwater after the life of the mine. Furthermore, there is no evidence that Four States has complied with paragraph 12 of its plan and filed for an extension by March 16, 2003. C.R.S. § 34-32.5-115(d) requires that permits be issued only if the applicant has complied with "all federal, state, and local permits, licenses, and approvals, as applicable to the specific operation." Clearly, Four States has not complied with the terms of its plan of substitute supply or its well permit, and is thus in violation of state law. This letter will serve as a request that you investigate this matter immediately in accordance with C.R.S. § 34-32.5-121{1) and issue a cease SHERRY A. CALOIA JEFFERSON V. HOUPT MARK E. HAMILTON MARY ELIZABETH GEIGER CYNTHIA F, FLEMING MELODY D. MASSIH Received MAR, 0 8 2004 burango Field OtTce Division of i~4inerals 8 Geologp TELEPHONE (970) 945-6067 FACSUIILE (970) 945-6292 Sender's email: mem@sopris.net •! March 4, 2004 - MAR ~~~~~~~ o~ al~;s; a~ ~ ~ ?~®4 MlgQrgrsOPr DSO/Y~: BOYNTON-1 V-DMG-Erickson