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III IIIIIIIIIIIII III • <br />999 <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />1313 Sherman St.. Room 215 <br />Denver. CO 80203 <br />303 866~356i <br />Fa x: 303 832-8t06 <br />Decemt~er 5 , 1990 <br />Mr. William D. Kyle <br />345 3C Road <br />Grand Junction, CO 81504 <br />RE: United Companies' Virginia Acres Pit / File No. M-90-021 <br />Dear Nlr. Pyle: <br />of cow <br />~~q/~~~~,~.~ <br />}: Q <br />~ ~e T6 ~ <br />Roy Romer, <br />Governor <br />Fred R. Banta. <br />Division O~rector <br />Thank you for writing to Governor Romer about your concerns. The Governor's <br />Office has forwarded a copy of your letter to the Mined Land Reclamation <br />Division for response. <br />Some of the issues you raise in your letter are not under the authority of the <br />I+lined Land Reclamation Board and Division. The permit application processes <br />of local governments and the Mined Land Reclamation Board and Division are <br />distinct and separate. Local governments are responsible for all land use <br />decisions and nuisance issues, such as noise and dust. The Mined Land <br />Reclamation Board has authority to permit the reclamation of mined lands and <br />control the impacts from mining operations not regulated by other local, state <br />or federal agencies. <br />Your letter asserts that there are contradictions in the application and what <br />exists. at the site and that parts of the stabilization and reclamation plan <br />are flawed (berms, rip rap and the green belt). I have directed Staff to <br />investigate the items addressed in your letter that the Board has authority to <br />regulate. If we find statements made on the record or in the application that <br />misrepresent the facts, the Division will recommend the Board re-open the <br />application review process. <br />If one assumes that the application and record of decision are valid, the mere <br />fact clf a permit does not give an applicant license to ignore the requirements <br />of the Mined Land Reclamation Act. For instance, if the applicant correctly <br />state c! the facts, but the reclamation plan or facilities designs are <br />technically flawed, the applicant is still required to comply with the Mined <br />Land P.eclamation Act. Failure to comply with the safety and environmental <br />protection measures of the Mined Land Reclamation Act may subject the <br />applicant to permit modification, site mitigation measures and civil penalties <br />by the Mined Land Reclamation Board. <br />• °~~ <br />STATE OF COLORADO <br />