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III IIIIIIIIIIIII III <br />~ STATE O~COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Nmural Resour[es <br />1313 Sherman 51., Room 215 <br />Denver, Colorado 80:03 <br />Phone: 13071 866-3567 <br />FAX: 13031 83 2-8106 <br />June 23, 2000 <br />Dave Crites <br />Cries Sand and Gravel <br />l 1044 West Highway <br />Del Norte CO 81132 <br />RE~~IVEp <br />~fu{~; ~ ~ 2000 <br />Division of Minerals & Geology <br />Ill <br />~ ~~~ ~~~ ~r!° <br />~.pht- S . ~ULZ <br />~~~ ~ <br />Re: Crites Sand and Gravel Pit, Permit M-1999-022, Response to Proposed Stockpile Location. <br />Dear Mr. Crites, <br />DIVISION OF <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MIN ING•SA FETY <br />Bill Owens <br />Governor <br />Greg E. Walther <br />Executive D~recmr <br />Michael B. Long <br />Division Direnor <br />We have received your letter dated June 2l, 2000, in which you ask for our decision regarding the offsite <br />stockpiling of processed materials originating from your pit, and sold to Crites Construction before being exported <br />from the permit area. You asked about two offsite stockpiling locations in your letter: one adjacent to your <br />permitted pit on your farm, and the other in your construction storage yard closer to Del Norte. <br />The matter has been discussed at several levels in this office, and it has been determined that the proposed scenarios <br />may be contrary to the intent of the statute which requires that all areas affected by a mining operation, including <br />stockpile areas, be reclaimed. The specific mechanism provided th the statute for ensuring reclamation of affected <br />areas greater than ten acres is the 1 IZ permit process. At this point, it is staff's suggestion that you either convert <br />your 1 l0 permit to a 112 permit to allow additional land within the permit area, or obtain a new l l2 permit on these <br />areas. Applying for another 1 10 permit adjacent to the one already issued to you is not allowed by policy, and <br />would not be a viable option. <br />A different option to consider, however, would be to petition the Mined Land Reclamation Board (the "Board") for <br />an exemption from the need for including this offsite stockpile area within a permit. The exemption is called a <br />"declaratory order" and is only issued through the Board. If you wish to take this proposal before the Board at one <br />of their monthly meetings, to petition their approval of your present proposal, we can discuss that procedure. It is <br />described under Rule 2.5, in your set of Rules and Regulations. <br />At this time, and within the jurisdiction of our staff, our interpretation of your proposal is that we cannot endorse <br />the offsite stockpiling of material on these sites. <br />If you have any questions, I may be reached at the Division's Durango field office: 701 Camino del Rio, Room <br />125, Durango CO 81301; tel 970/247-5193 and fax 970/247-5104. <br />Sincerely, <br />~. <br />~~~ ~ ~ <br />Bob Oswald <br />Environmental Protection Specialist <br />a:\crites off sp/rco <br />