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.. <br />Letter Mined Land Reclamation Division <br />September 25, 1985 <br />Page 2 <br />operated in such a manner as to make effective reclamation <br />very difficult, if not impossible. This is allegedly due to <br />the fact that insufficient top soil and trees are being <br />retained for reclamation. <br />Mr. Sadler pointed out to the Board that the present <br />permit limits production of gravel to 70,000 tons annually. <br />Allegations were made at the meeting that the present opera- <br />tors of the pit are possibly exceeding this limit. There are <br />also allegations made to the Board that the present pit <br />operation may be in violation of the Colorado Air Quality <br />statutes due to the dust generated on the sits: Scot Miller <br />of the Colorado Department of Health Air Quality Section has <br />been contacted on this matter. Apparently, State Air Quality <br />permits have not been obtained for this particular operation. <br />To the extent this operation is a pre-existing use, La <br />Plata County has very limited land use authority over the <br />matter. As you may be aware, this County is not`oned. <br />Accordingly, the Board is requesting that your agency, as the <br />State agency with jurisdiction over such operations, promptly <br />investigate these allegations. If there is any reason to <br />believe that any or all of these charges are valid, it would <br />appear that a hearing before the Mined Land Reclamation Board <br />would be appropriate. The State Health Department will also <br />be advised of the Board's concerns regarding the possibility <br />of unlawful air pollution originating from the pit operation. <br />Your cooperation in this matter is appreciated. <br />Very truly yours, <br />Steven J. Z c l <br />~(~ <br />La Plata County Attorney <br />Encl. <br />SJZ:clb <br />cc: Terry Sadler <br />Russell Yates <br />Board of County Commissioners <br />Craig Roser <br />Bill Thornton <br />Frank Singleton <br />