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years. If the operator recommences onsite activities before the end of that period, the clock stops. When <br />activities temporarily cease again, the five-year clock starts over. <br />Given the periods in the permit record during which there was no reported activity, this operation should have <br />been required to apply for TC status, in 1999 and 2002, for example. However, neither of these possibly- <br />inactive periods exceeded five years, since we accept that the reported activities (sales and hauling of stockpiled <br />materials and site clean up) are adequate to stop the TC clock in both cases. The permit is considered to remain <br />active. But the Division will require the operator to revise the permit to account for its inactive period each <br />year, and if it remains inactive for longer, the operator must revise the permit status to TC. This has been <br />communicated to the operator in the past, and is again being conveyed to the permittee, by copy of this letter. <br />The Division will ensure that this matter will be resolved in a timely manner, although we cannot dictate the rate <br />at which permit operations proceed. <br />Finally, the issue of dust that is raised by permit-related activities, such as hauling on roads or material handling <br />in the pit, is not regulated by the Division. This is possibly regulated by the Air Pollution Control Division <br />(APCD) of the Colorado Department of Public Health and Environment (CDPHE) and/or by the Environmental <br />Office of Gunnison County. <br />I hope that the above discussion sheds light on the Division's position, and I appreciate the degree of your <br />client's concerns that prompted him to initiate this inquiry. I suggest that the rules cited above be referenced, <br />since I only paraphrased portions from them. They may be found at the Division's website: <br />http://mining.state.co.us. Please contact me with any further questions you may have. I can be contacted at the <br />Division's Durango field office: 691 CR 233, Room A-2, Durango, CO 81301; telephone 970-247-5193. <br />Sincerely, <br />Bob Oswald <br />Environmental Protection Specialist <br />Encl: gravel sales and hauling documents <br />Cc(w/o encl): Duane E. Hollenback <br />Ec(w/o encl): Steve Shuey, DRMS Grand Junction <br />(cA08-10 docs\hollenbeck cit comp/rco)