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STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY ~/ Department of Natural Resources 1313 Sherman 8t., Room 215 ~ C O L O RAD O Denver, Colorado 80203 D l V[ 5 1 o N o f Phone: (303) 866-3567 MINERAL $ . FAX: (303) 832-8106 G E O L O G Y RECLAM ATION•MINMG SAFETY•s CIENCF Bill Owens Governor Russell Ceorge Executive Dln!CIOr Apri120, 2004 / Ronald W. Cottony Division DIreCTOr Natural Resource Trustee Dawn M. Mann Attorney at Law 418 Main Street Walsenburg, CO 81089 Re: D G Huskin Construction Company, Velazde Pit 112 Permit Application, File No. r/NI-2002-118, Objection Dear Ms. Mann: On Apri12, 2004, you returned a call to me and spoke about your client's (John Kimbrel, Ben Franciscotti, Bill Ugolinis, and Jim Hribaz) objection to D G Huskin Construction Company's 112 reclamation permit application, for their proposed Velarde Pit. You indicated that the primary concern of your clients is the use of Huerfano County Road 613. In your January 28, 20041etter to the Division, the number 2 listed reason for your client's objection is "The applicant's use of County Road 613 and any other County Road, including without limitation, increases in traffic, noise, dust, dirt and other particulates resulting from trucks and other equipment poses a danger to the health, safety and welfaze of my clients and other people utilizing such county roads." As I mentioned to you in our conversation, this Office and the Colorado Mined Land Reclamation Boazd does not have jurisdiction over the use of county roads. I would again duect your attention to the last paragraph of the applicant's required Public Notice of their application. That paragraph states "Please note that under the provisions of CRS 34-32.5-101 et. Seq., comments related to noise, truck traffic, hours of operation, visual impacts, effects on property values and other social economic concerns aze issues not subject to this Offices jurisdiction. These subjects and similar ones aze typically addressed by your local governments, rather than the Division of Minerals and Geology or the Mined Land Reclamation Board." The Board added this statement to the required notice so that objectors would direct these types of issues to the proper authorities. You indicated to me that the other two items (1 and 3) in your letter are not issues your clients aze maintaining, in objection to the application. However, since the objection has not been withdrawn and since these two issues are stated rather vaguely the Division would like to have them clarified. For item 1 please indicate why your clients think the application does not adequately reflect the methods for the protection of azeas outside the affected land, including Office of Office of Colorado Mined Land Reclamation Active and Inactive Mines Geological Survey