PERMFILE135126

• Permit No: M1989065
• IBM Index Class Name: Permit File
• Doc Date: 4/16/1991
• Doc Name: WINKLER LIGHT AGGREGATE QUARRY PN M-89-065
• From: TUTTLE APPLEGATE INC
• To: MLRD
• Media Type: D
• Archive: No

7~!
~ _
~ _
~_ _
TUTTLE APPLEGATE, INC.
Consultantr for Land and Resource Development
April 15, 1991
Mr. Dan Hernandez
Mined Land Reclamation Division
1313 Sherman Street, Room 215
Denver, CO 80203
RE: Winkler Light Aggregate Quarry Bond
Dear Dan:
~• III III III III IIII III
~ECEIVE®
pPR 16 1991
Mined Land
Reclamation Division
On behalf of Centennial Materials, inc. we acknowledge the receipt
of your letter regarding financial warranty for the Winkler Light
Aggregate Quarry. In addition we agree to a formal public hearing
at the April 24, 1991 Mined Land Reclamation Board meeting and
waive our required twenty (20) day notice.
As you are aware, Centennial Materials has submitted the
Performance and Financial warranties for this permit with the
Succession of Operator application.
The question being brought by the Division to the Board regards a
re-consideration of the previous approval because the warranties
were not received within one calendar year. In the past eighteen
months Douglas County has created a very unique hardship upon
aggregate producers in their County.
In August, 1989, Hallett Materials (then the lessee of the Winkler
Light Aggregate Quarry) obtained Board approval for this Regular
Operations Permit. On September 12, 1989, the Douglas County
Commissioners passed a resolution creating a one (1) year
moratorium on all new and in progress applications for mining
within the County. Hallett's then current application with Douglas
County for the Winkler operation was put on hold. The County's
purpose in the moratorium was to allow time to adopt a Mineral
Extraction Master Plan.
As allowed in the moratorium resolution, Hallett submitted an
administrative appeal to the moratorium and requested the
application proceed through the County. The Board of County
Commissioners denied this administrative appeal. Then Hallett
Materials sued the County for damages due to the moratorium. In
the summer of 1990, the District Court Judge ruled against Hallett
Materials in this case. At this point Hallett Materials decided to
abandon any further legal action and wait for the results of the
Mineral Extraction Policy Plan.
11990 Grant Street, #410 Telephone: [phone]
Denver, Colorado 80233 Facsimile: [phone]