PERMFILE123130

• Permit No: M2004078
• IBM Index Class Name: Permit File
• Doc Date: 4/15/2005
• Doc Name: Forwarded Correspondence
• From: DMG
• To: Asphalt Specialties Co.
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Departrnent of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
.~ April 15, 2005
~LORADO
VISION O F
IN)SRALS
EOLOGY
LANATION•NINING
IAf ETY•SGENCE
eilf Owens
Governor
Russell George
Mr. Rob Laird, Land Manager Executive Direcor
Asphalt Specialties Co. RGnaid w. many
Division Director
10100 Dallas St., Natursl Resource Tmstee
Henderson, CO 80640
RE: ~Forwazded correspondence Dated A}~ril 11, 2005 from Laird to Ms. Danna Ortiz, Civil
Resources, LLC. -YI-~f-Oi8 /
Deaz Mr. Laird:
The Division was forwazded a letter you sent to Ms. Danna Ortiz of Civil Resources, LLC by
Ms. Ortiz at your request. In that letter you expressed a number of concerns that the Division
will address. We have attempted to address your concerns, and hope you will see that those
concerns are unfounded. If not addressed to your satisfaction, we will discuss them in person
with you if you so choose.
In item # 3 of that letter you expressed concern that in some fashion the Division would force the
applicant to construct rechazge wells on your property regazdless of your desire as the landowner
to have such structures on your property or to be part of a mining activity. The Statutory
provisions of the Construction Materials Act do not allow the Division or $oazd to impose
access on a landowner for mining related activities. Tt is the obligation of the applicant to secure
acceptable and appropriate access agreements with a landowner. (Please see C.R.S. 34-32.5-
112(1)(c)(N) of the Construction Materials Act.) If such agreements aze not obtained, then the
applicant may not enter those areas to conduct mining related activities.
In the following pazagraph you also expressed concern that the Division was pursuing "... never-
ending reasons to include outside properties within a DMG permit boundary, that have no direct
association with the mining operations or proven impacts from the mining operations." You
continued by stating, "Examples would be: vibration from the operation's heavy equipment and
crushing and screening and offsite impacts caused by blowing dust from stockpiles. These are
both situations in which the Division of Minerals and Geology could interpret as being under
their purview and not another state Division or County authority."
I direct your attention to the definition of affected ]and in the Construction Materials Act. C.R.S.
34-32-103(1) that states, in part, "'Affected land' means the surface of an area within the state
where a mining operation is being or will be conducted, which surface is disturbed as a result of
an operation. (emphasis added) Affected ]ands include, but shall not be limited to, private ways,
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey