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DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman SL, Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />November 28, 2005 ~~ <br />Marlene Crosby <br />Gunnison County Public Works ~~ <br />RE~;EI~/E® <br />DEC ~' 5 2005 <br />Givision of INinerals aa~ Goology <br />811 Rio Grande <br />Gunnison, Colorado 81230 / (/ <br />Re: Nicholas Pit, Permit No. M-19911-/104, Stockpile Assignment and Resolution. <br />Dear Ms. Crosby: <br />COLORADO <br />DIVISION O r <br />MIN&RALS <br />GEOLOGY <br />RECLAMATIO N~MINWG <br />SAFETY•SC IENCE <br />Bill Owens <br />Governor <br />Russell George <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />Division staff has received Gunnison County's and Nicolas Family Partnership correspondence <br />concerning the issue of gravel stockpiles within its permit boundaries from the adjacent 11 lc permitted <br />site of Kirkland Construction. Please find enclosed for County records a copy of Kirkland's letter <br />assigning the stockpiles to Gunnison County. The assignment of the stockpiles and agreements for <br />reclamation help staff avoid a possible Board hearing that would have required resources from DMG, <br />the County and Kirkland Construction to otherwise resolve what possibly would have been the same <br />outcome. <br />Staff would like to outline for all parties the final resolution to this matter: <br />1) Kirkland Construction has assigned the stockpiles of excess processed materials to Gunnison <br />County which lies within the County's permit area. <br />2) Gunnison County has agreed to accept responsibility for reclamation of the footprint area of the <br />stockpiles once the materials are used or otherwise moved elsewhere. <br />3) Although outside the jurisdiction of the Division, the County has an agreement with the <br />landowner for royalties or compensation for the materials. <br />4) DMG staff will help the County GPS the boundaries in the near future. The GPS will note for <br />the file the exact boundaries for the County so that there will be no questions at a later date, as <br />the stockpiles appear to straddle the permit boundary. <br />5) Kirkland Construction will be required to finish up reclamation within their notedl l l permit <br />boundaries. Staff will recommend to Kirkland that this be done in the spring as what remains are <br />minimal. <br />The Division would once again like to thank all parties for finding a resolution to this matter that <br />benefits all. <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />