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DIVISION OF MINERALS AND GEOLOGY Department o(Natural Resources 1313 Sherman SL, Room 215 Denver, CO 80203 Phone. 13011 866-3 56 7 FAX: 0031832-8106 June 17, 1993 Mr. Bob Corey Montrose County Commissioners P.O. Box 1289 Montrose, CO 81402 r,~r-n-r-r ~F COLORADO III IIIIIIIIIIIII III 999 OF' ~n(Q 44 R ~< '~ i O ~. ~~, ~~• ~ rB ]6 kuv ROmer Governor N is ha el B Lnnk D rvuion Director RE: Compliance Inspection, Tripple R Pit, Western Earth Movers, File No. M-91-097 Dear Mr. Corey: On June 9, 1993, the Division conducted an inspection of the Tripple R Gravel Pit, on Highway 550, approximately seven miles south of Montrose. I have attached a copy of the inspection report prepared from observations made at the site. The operators of the Tripple R Pit were cited for mining without a permit during the summer of 1991, and subsequently required to obtain a Reclamation Permit from this office. The attached inspection report documents a good level of compliance since the time of permit issuance. A concern has been raised that a neighbor across the highway was not notified that a permit application had been filed. The Mined Land Reclamation Act requires that all landowners immediately adjacent to the permit area, and all landowners within 200 feet of the permit area, be notified, either by certified mail or personal service. It does not appear that anyone living across Highway 550 from the pit would fall into either one of those categories, hence would not be noticed. I would also like to point out that the corrugated metal building located on the property that houses offices, tool storage, and milling equipment is not included within the permit area, and activities related to this building do not fall under the jurisdiction of the Division. At the time that the application was under consideration, the operator successfully argued that the mill and office building was an industrial facility that was not exclusively tied to the gravel pit, and that would remain in service after the pit had been reclaimed. Rule 1.11 of the Mineral Rules and Regulations of the Mined Land Reclamation Board defines activities which do not require a Reclamation Permit, and includes "smelting, refining, cleaning, preparation, transportation, and other off-site operations not conducted on affected land". At the time the permit was issued, it was determined that the mill/office building was included within this category.