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* ~ ~~ i • <br />Steve S. Shuey -2- October 16, 1997 <br />disturbed a relatively significant piece ofproperty lying outside the permitted area (though it is <br />still the property of Delta County) and we are preparing an application to amend the existing <br />permit. Although we have finished most of the work for that application, there are still some <br />additional issues to address, such as the ownership of the rights to water which flows near the <br />proposed permitted area. As I said, all of the existing disturbed property and the property to be <br />permitted is that of Delta County and there aze no other affected property owners, except to the <br />exl:ent that we are able to locate actual owners of the ditches or water rights near the pit. <br />5. With respect to the Antelope Hill and Lemoine Pits, we may have unintentionally <br />"planned" our way into non-compliance. It is my understanding that both of the plans for these <br />pits require "daylighting," but we then did not include sufficient property in our agreement to <br />crc;ate the proper grade and maintain the safety for the pits. In each case, the disturbance is with <br />thc; permission and at the request of the property owner, but the permitted area appazently did not <br />anticipate the need for the daylighting to extend beyond the boundaries. <br />Although there is minimal area outside the boundary, at least with respect to the future of <br />thy; Lemoine Pit, we may want to amend the permit in other respects in order to add land area <br />consistent with Mr. Lemoine's development plan. We are also looking at some issues involving <br />the Lemoine Pit and the State Highway right-of--way as well as some "ancient" (pre-permit) <br />mining. We will soon be beginning the process of renegotiating our lease agreement with Mr. <br />Lemoine. <br />6. Finally, with respect to the Escalante Pit, we would just like to bring to your <br />at':ention that there is an unreclaimed excavation site outside the permitted boundaries. We <br />obtained this gravel pit from the State and this area is virtually the same as when we took it over, <br />except that it is now "naturally reclaimed," having grown over with vegetation. At this time, we <br />do not consider this area our responsibility. This area is located on BLM property and it is our <br />understanding that the natural vegetation as it presently exists is consistent v:ith the agreement of <br />the Bureau of Land Management for the reclamation of the area. <br />It is our intention to have all of the problems concerning county gravel pits resolved, or at <br />le sst identified and in the process of resolution, by the end of this year. <br />Very~t~ru~ly~yours, <br />Bradley K. Kolman <br />B,KK/caj <br />COON"fY S/pitsllr.doc <br />