GENERAL48446

• Permit No: M1976032
• IBM Index Class Name: General Documents
• Doc Date: 11/13/2000
• Doc Name: ALEXANDER PIT PN M-1976-032 CORRECTIVE ACTIONS FOR 5-25-2000 INSPECTION REPORT
• From: DMG
• To: TELLURIDE GRAVEL INC
• Media Type: D
• Archive: No

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STATE
DIVISION OF MINERALS AND GEOLOGY
Deparimenl of NdWral ReoourCes
1313 Sherman BI., Room 215
Dern•er, Colorado 80203
Phone: [phone]
FAx. [phone]
November 13, 2000
Mr. David Ballode
Telluride Gravel, Inc.
P. O. Box 445
Telluride, Colorado 81435
RE: Alexander Pit, Permit No. M-1976-032,
Dear Mr. Ballode:
OF COLORADO
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lilisiun o7 r. i~crlsend Ce~!ap~•
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DIVISION OF
MINERALS
GEOLOGY
R E C L A M A T I O N
MINING•SAFETY
' ~ Bill Owens
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' ~ .. Governor
., 1/7~/r~~~ Greg E: walche.
' 1'~.L (~ Execwrve Dueclor
Michael B. long
` ea~lu Pl fi
Division Diredoi
Corrective Actions for 5-25-2000 Inspection Report
Thank you for your letter of October 30, 2000 addressing the corrective actions required in
DMG's 5-25-2000 inspection report and addressing additional issues specified in DMG's letter to
Telluride Gravel dated 10-11-2000. A few of the items in your letter need to be clarified.
ITEM NO. 4 -Cutting and pulling of Canada thistle to prevent seed heads from going to seed is a
short term control for that weed. Cutting and pulling of this perennial thistle actually stimulates
root growth, increases it's vigor, and promotes spreading. Telluride Gravel must submit a revision
application proposing a weed control plan as specified in the corrective action in the inspection
report. The weed control plan should be drafted with input from, and be approved by, the county
weed control office. The correction date will be extended to December 15, 2000.
ITEM NO. 6 -Telluride Gravel indicates that they new there was a Cease and Desist Order issued,
but thought that it was all tied to the USFS trespassing issue and that they had to cease due to
the fact that they were trespassing. This statement is correct. The Cease and Desist Order was
issued because the area of trespass was located within the DMG approved permit boundary.
During the permitting process for this portion of the site, through Amendment No. 1 (AM-0011,
Telluride Gravel incorrectly identified the landowner of the USFS land as Kirk Alexander. DMG
approval of AM-OOtwas issued based on Kirk Alexander being the landowner. Right-of-entry from
Mr. Alexander, not from the USFS, was included in AM-001.
The bill that USFS issued to Telluride Gravel had nothing to do with the DMG permit. As Telluride
Gravel stated, that bill was the repercussion of the trespassing, loss of royalty and included costs
for stream rehabilitation. The violation issued by the Mined Land Reclamation Board was for
Telluride Gravel's failure to identify the USFS as an owner of affected land and substance to be
mined and to provide right-of-entry to the USFS property. These DMG and USFS actions are
completely separate actions, by different agencies, resulting from the trespass. Both require
separate corrective actions, some of which require coordination between USFS, DMG and telluride
Gravel.
Telluride Gravel's statement that "DMG believes they (Telluride Gravel] did have the right [to go
as far east as they did] and are therefore responsible for that area" is incorrect. DMG permitted
Telluride Gravel to mine the area of violation based on incorrect information provided in the AM-