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a iii iiiiiiiiuiiiiii ,~ MINED LAND RECLAMATION DIVISION Department of Natural Resources 1313 Sherman St., Room 215 Denver. CO 80203 303 866-3567 Fax: 303 832-8106 4 OF C~c~q ~ ~ 9 NC ,QI.=~'•7 O ~ ~// ~ r876 ~ Roy Romer, Governor Fretl R. Banta, Dwision Director February 5, 1992 Mr. Albert C. Ruckman Parkerson Construction P.O. Box 1710 Grand Junction, CO 81502 Re: Complaint, Parkerson Gravel Pit, Permit No. M-85-219 Dear Mr. Ruckman: On October l7, 1991, the Division received a complaint letter from Mr. Ronald R. Crist regarding dust damage to his orchard trees. The northwest corner of his orchard is approximately 400 feet southeast of the Parkerson Gravel Pit. Mr. Crist alleges that the source of the dust is your mining operation. Photos and a copy of a report from the Colorado State University Orchard Mesa Research Center were included with the complaint letter. On January 17, 1992, the Division conducted an inspection of your mining operation and Mr. Crist's orchard. No evidence of off-site damage to Mr. Crist's trees caused by dust from your mining operation was found. However, only one truck was loaded with overburden material, and processing equipment was absent from the pit during the inspection. The wind was not blowing hard enough to pick up dust from the mine. A report dated April 21, 1988 by A.R. Renquist and H.J. Larson of the Orchard Mesa Research Station indicates that excessive dust could have contributed to poor health and survivorship of Mr. Crist's J.H. Hale peach trees in 1987. In the same report, the authors suggest that it would be most helpful to orchard operations if some accomodation of neighboring operations could be made to avoid creating or raising excessive dust. It is assumed that the reference is to your mining operation. The Mined Land Reclamation Act, Section 116(7)(h), states that areas outside of the affected land shall be protected from slides or damage occurring during the mining operation and reclamation. Section 116(7)(1) states that all surface areas of the affected land, including spoil piles, shall be stabilized and protected so as to effectively control erosion and attendant air and water pollution. The Colorado Air Pollution Control Division and the Mesa County Health Department have authority to require mine operators to control dust from processing, mining equipment and certain other sources to levels stated in your Emission Permit. The Mined Land Reclamation Division has authority to require operators to stabilize affected land to control air pollution. STATE COLORADO