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EPARTMENT OF NA7URAl RESOURCES~MM v III 111111 III I'll III <br />D. Monte Pascoe, Executive Director <br />M1N~:U LANU KE(:LANIA'I'ION <br />423 Centennial Building, 1313 Sherman Street <br />Denver, Colorado 80203 Tel. (303) 866-3567 <br />David C. Shelton <br />Director <br />October 7, 2981 <br />Mr. John C. McClure <br />Attorney at Law <br />915 Fourth Street <br />Alamosa, Colorado 81101 <br />RE: Powell Construction Co. <br />Dear Mr. McClure: <br />I am writing in response to your letter of inquiry of September 2nd. I am <br />sorry that this response has not gone out before this, but I hope that the <br />information is still useful to your client. In answer to the first question, <br />there is no limitation to the number of gravel pits within a given area (for <br />example, a five mile radius). I should mention, however, that in the past, <br />the Board and the Division have not interpreted the Act to permit an operator <br />to permit two limited impact operations either immediately adjacent to one <br />another or extremely near to one another (this being a somewhat qualitative <br />decision). The preference of the Board has been that such operations should <br />be combined into one limited impact permit application if the total acreage <br />is less than 10 acres and into one regular impact application if the total <br />acreage is 10 acres or more. <br />All operators must, in order for a mining and reclamation permit to be issued, <br />submit a reclamation bond to the Division for approval. This bond is then <br />deposited with the State Treasurer and the permit is issued. The amount of the <br />bond is set by the Board. If an operator is permitted with the Division, the <br />existence and amount of the reclamation bond can be checked out with our <br />Division. If an operator is not permitted and bonded, this can, of course, also <br />be verified. <br />I hope this letter clarifies the situation as concerns these questions. If I <br />may be of any further assistance to you or your client, please call or write <br />me. <br />Sincerely, <br />Mark S. Loye <br />Reclamation Specialist <br />