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<br /> <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman 8t„ Rogm 215 <br />Denver, Colorado 80203 <br />Phone: (303) 8663567 <br />FAX: (303)832-8106 <br />February 7, 2002 <br />Mr. William E. Taylor <br />P.O. Box 26 <br />Masonville, CO 80541 <br />RE: Loukonen Brothers Stone, Starks Quarry, File No. M-2001-114 <br />Dear Mr. Taylor: <br />DIVISION OF <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MINING•SAFETY <br />Bill Owens <br />Governor <br />Greg E. Walther <br />Executive Director <br />Michael B. Long <br />Division Director <br />Thank you for your letter commenting on the above referenced application for a mined land <br />reclamation permit. Unfortunately, your letter was received after closure of the public comment period <br />for this application, and was not considered by the Division of Minerals and Geology (DMG) in . <br />deciding on the merits of the application. On January 30, 2002 DMG approved the application for the <br />Starks Quarry and established the reclamation bond amount for this operation at $70,000.00. Once <br />Loukonen Brothers Stone provides the bond and the required performance warranty,'the permit will be <br />issued. <br />Please be advised that you may have the right to appeal the decision to approve the Starks Quarry . <br />application. I have enclosed with this letter a copy of Rule 1.4.11 of the Construction Materials Rules <br />and Regulations of the Mined Land Reclamation Boazd describing the administrative appeal process. <br />If you decide to file an appeal, your written petition must be received by DMG no later than 4:00 PM <br />on Februazy 28, 2002. If you send a petition by first class mail, you aze advised to mail the letter no <br />latter than February 25, 2002 so that it will be delivered to DMG in a manner timely. <br />DMG has reviewed your public comment letter, and has determined that a number of the issues listed <br />do not fall under the jurisdiction of the Mined Land Reclamation Boazd. Specifically, impacts to <br />surrounding property values, noise, and truck traffic aze issues to be considered at the local level <br />(Lazimer County) and aze not considered by the state of Colorado in the mined land reclamation <br />pernutting process. Your discussion of the principles of "Grandfathered Rights" and whether or not <br />quarry operations aze appropriate for a particular piece of property aze also considerations vested at the <br />local level. Your questions about the need for reclamation concurrent with quarrying operations would <br />fall under the purview of the Mined Land Reclamation Boazd. However, in a limited impact quarry <br />operation (defined as an operation that affects 10 acres or less) concurrent reclamation is not always <br />possible. This is particulazly true for flagstone quarries where different sizes and shapes of rock and <br />different colors of rock are removed from different azeas of the quarry and are mazketed for differing <br />end uses. <br />You also requested a copy of the reclamation plan for the existing quarry variously known as the <br />Weaver Quarry, the Loukonen Masonville Quarry, or the Loukonen Quarry. The mined land <br />