2008-09-09_PERMIT FILE - M2008063

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
September 9, 2008 ?-
Peter Kearl
Four Corners Materials, Inc.
P.O Box 1969
Bayfield, CO 81122

SEP .i 7 &uo
Division otand S ¢ t'! n,
Mining
J26e IVIIV R It 0/7 a f
RE: Need for State Reclamation Permit; DRMS File # M-2008-063
Dear Mr. Kearl:
COLORADO
D IV IS I ON OF
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
Donald W. Cattany
Division Director
or
Natural Resource Trustee
Our office received your completed Need for a State Reclamation Permit Questionnaire on July 10, 2008. Your
request indicated that the Feil Pile is a stockpile of earthen material, approximately 150,000 cubic yards (cy), resulting
from the construction of the trans-mountain diversion. The Feil Pile covers approximately 3.5 acres area and is located
on private lands owned by Jerry and Sally Feil. The Feil Pile resulted from the construction of the Blanco Tunnel, a
water diversion project conducted by the Bureau of Reclamation and not related to a mining operation. The excess
excavated material stockpiled at the Feil Pile since 1969 was incidental to the project and the Bureau has indicated
they have no interest in the material. According to the petition for exemption, Mr. Feil will receive compensation for
the material removed from his land but the material is not being removed from its natural occurrence. Additionally,
removal of the Feil Pile will restore the land to its approximate natural configuration and to a land use more beneficial
than its current condition. Therefore, the Division has determined that removal of the Feil Pile does not constitute a
mining operation, as defined by Construction Materials Rule 1. 1(27), and it is the Division's opinion that you will not
need to apply for a Construction Materials Reclamation Permit in order to conduct the proposed activity.
Please be advised that.this opinion is being offered based on the information provided in your response. Any
significant deviation from the described activity could result in a review and possible reversal of this opinion. The
Mined Land Reclamation Board has requested that the Division make determinations as to the need for a Mined Land
Reclamation Permit. If you have any concerns or disagree with this decision, you may petition to appear before the
Board during a formal public hearing for a formal Declaratory Order concerning this matter. This request must be
made in writing and be received no later than 10 days prior to the hearing. The next meeting will be October 15-16,
2008.
If you have any questions, please contact me at [phone].
Sincerely,
Steve S. Shuey
Senior Environmental rotection Specialist
cc: Anthony Waldron-DRMS
David A. Berry-DRMS
Wallace Erickson - DRMS
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines