2008-02-01_HYDROLOGY - M1984108

• Permit No: M1984108
• IBM Index Class Name: HYDROLOGY
• Doc Date: 2/1/2008
• Doc Name: Response to Correspondence
• From: DRMS
• To: Western Gravel, Inc.
• Permit Index Doc Type: Hydrology Report
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources '
1313 Sherman St., Room 215
Denver, Colorado 80203 C O L O RA D O
Phone: [phone] D 1 v t s t o N o f
FAX: [phone] RECEIVE® RECLAMATION
MINING
-&-
January 25, 2008 FEB 01 2008 SAFETY
Division of 12eciamation, Bill Owens
Judy DeVincentis Mining and Safety Governor
Western Gravel, InC. Russell George
3001 North Townsend Avenue Executive Director
Montrose, CO 81401 // Ronald W. Cattany
////,y ~ Division Director
Natural Resource Trustee
RE: Response to Correspondence, Olathe Pit, Permit No. M-1984-108.
Dear Ms. DeVincentis:
On January 4, 2008, the Division received a correspondence, dated December 14, 2007, submitted by
Greg Lewicki and Associates on behalf of Western Gravel, Inc. The correspondence included copy of a
March 2005 application to the US Army Corps of Engineers for a wetlands bank at the Olathe Pit,
prepared by Greg Lewicki and Associates on behalf of Western Gravel, Inc.
In that correspondence a previous policy of the Division is referenced, in which the Division listed various
types of excavation activities exempt from reclamation permit requirements. One of the exemptions
applied to excavations that were conducted under the review and permitting authority of another
governmental agency, if that agency's permit ensured a beneficial use of the extraction site, and if the
intended off-site use of the extracted material was incidental to the project.
Please note that the referenced policy has been rescinded _by the Colorado Mined Land Reclamation
Board and the terminated policy cannot be applied to the excavation activity proposed under the
wetlands bank application. Therefore, it is the Division's. opinion that the excavation activity proposed in
the wetlands bank application, whereby approximately 60,000 cubic yards of extracted material will be
transported off-site, constitutes a "mining operation" as defined by Construction Materials Rule 1.1(27),
and is subject to reclamation permit requirements.
If you disagree with the Division's opinion you may petition the Mined Land Reclamation Board through
the Declaratory Order process described under Construction Material Rule 2.5. The Board is the
ultimate authority for interpretation and enforcement of the Act and Rules. The Board will remove any
uncertainties and terminate all controversies.
Please contact me at the Division's office in Durango at 701 Camino del Rio, Room 315, Durango, CO
81301, phone [phone], if you have any questions.
Sin ly~~ L~--~
Wallace H. Erickson
Environmental Protection Specialist
cc: Greg Lewicki & Associates
Tony Waldron, DRMS
Office of Office of
Mined Land Reclamation Active and Inactive Mines