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\ - -^ r _ _ ~ _ ._ _ • III III III III IIII III TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development ' ' I 87- /~~ RE~EIV~D February 12, 1990 Mr. Bruce Humphries Mined Land Reclamation Division 131:1 Sherman Street, Room 215 Denver, CO 80203 RE: Storage and Processing Site Dean Bruce: FEB 1~ 139Q MINED tfiNp ~ECIAMATI4R' L'=vl`3lG[V With. this letter we would like to confirm our telephone conversation of February 9, 1990. At that time I informed you of a site in southwest Weld County being used by C & M Companies. In 1989, we assisted C & M Companies in obtaining Weld County approvals for the storage of sand and rock, processing of the material into aggregate products, and later mining of the site. C & t9 Companies is now hauling in and dumping sand and rock on the property. The overburden material on the site has turned out to contain more clay and moisture than originally anticipated by C & M Companies. Their equipment was getting bogged down in the mud and also the material they were bringing in was sinking into the mud and becoming contaminated. Therefore, C & M Companies found it necessary to strip this overburden material from the site and provide a more stable base upon which to do their work. In addition, it became evident that the site had to be dewatered in order to remain in a dry and usable state. Therefore, C & M Companies dug two (2) dewatering trenches on the property. When I visited the site today, my concern was that these activities to prepare the property for materials storage may appear that mining has commenced. C & M Companies wishes to avoid any questions regarding their activities here. In our discussion over the telephone we referred to the definition of "mining operation" in the Mineral Rules and Regulations. Here it says that the term "mining operation" does not include the "cleaning, preparation, transportation, or other off-site operations not conducted on affected land." Since the material is being stored and ultimately processed and it is not being extracted from this site, this activity does not fall under the ,iefinition of a "mining operation". 11990 Grant Street Suite 410 Denver, Colorado 80233 452-661].