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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />February 7, 2008 `/ <br />Paul Coleman /Christopher Norris <br />PC Management, Inc. <br />2454 Patterson, Suite 210 <br />Grand Junction, Colorado 81505 <br />f <br />Lois Hybarger <br />Flat Top Flagstone, LLC. <br />2454 Patterson, Suite 210 <br />Grand Junction, Colorado 81505 <br /> <br />~~~ <br />~Eg 13 2005 <br />Division ota d Sa ery n, <br />Mining <br />COLORADO <br />DIVISION O F <br />RECLAMATION <br />MINING <br />- &- <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />/~ <br />Re: Flagg Creek Quarry, Permit No.M-1997-098, BLM reference 36I0(CO-110), Notice of Permit <br />Status Issues <br />Gentlemen, <br />The Division of Reclamation Mining and Safety has received correspondence from the White River <br />Field Office of the Bureau of Land Management (BLM) that issues in regard to the minerals lease and <br />sale at the above referenced site are still unresolved. BLM has requested that the Division not allow <br />further mining activities on site until such issues are resolved. <br />By Rule an operator must maintain legal access to the permitted site at all times. Because this is a split <br />estate issue between the land owner and BLM technically the access is still in tact for the surface. <br />DRMS understands the complexity of the issue between the parties and is opting to allow the landowner <br />and the agency to rectify the situation as they see fit without DRMS interference. Once the issues are <br />resolved, DRMS staff will review the permit and agreements to ensure that they meet the State Act 34- <br />32.5-102 and its rules. <br />Without right to access of the saleable materials it is logical to assert that no further excavation should <br />occur until such time as both parties submit written agreement for the sales of such materials has been <br />reached to DRMS. It is DRMS understanding that an agreement for stone already mined at the <br />processing area has been reached. DRMS has clarified with BLM that reclamation work is still allowed <br />as it is surface disturbance. Therefore, PC Management or Flat Top Flagstone may conduct reclamation <br />work with the understanding that no materials related to such activities may leave the site. Further, <br />given the indications that these negotiations may be protracted, it is highly advisable that a Technical <br />Revision (TR) be submitted to place the permit into Temporary Cessation until the matter is resolved. <br />DRMS is requestin); written acceptance by PC Management and Flat Top Flagstone of the agreement <br />that no further mining of materials will take place until an agreement is reached with BLM. This <br />correspondence should be received in this office 10 working days from the date of this letter. <br />Office of Office of <br />Mined Land Reclamation Denver Grand Junction Durango Active and Inactive Mines <br />