2008-01-08_REVISION - M1983164

• Permit No: M1983164
• IBM Index Class Name: REVISION
• Doc Date: 1/8/2008
• Doc Name: DRMS Decision
• From: DRMS
• To: George Gallegos
• Type & Sequence: CN1
• Email Name: RCO
• 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 I V I S I o N o f
RECLAMATION
FAX: [phone] _
'??, MINING

SAFETY

G{1.'; ' i;-';1^.i1, Bill Owens
'U,I.I,. ... ...? 1;'j! Governor
Januar 8 2008
January Russell George
Executive Director
Ronald W. Cattany
-? George Gallegos Division Director
PO Box 575 Natural Resource Trustee
Romeo, CO 81148
Re: Gallegos Pit, Permit No. M-1983-164, 112c Permit Conversion Application CN1,Conejos
County Land Use, and DRMS Decision.
Dear Mr. Gallegos,
I have reviewed the latest application materials submitted for you by Gale Swafford, which were
received here on 12/13/07. You had requested that the Division's decision date be extended to
12/17/07, and I had approved the extension. The materials were received before the extended decision
date. The materials were the responses intended to meet the application's adequacy requirements. The
review indicates that your application and subsequent adequacy responses now meet the minimum
technical requirements for the 112c application.
However, this office has received two letters from Conejos County Land Use during the application
review process, copies of which were sent to you for your information. These letters objected to the
conversion of the DRMS permit, up to the proposed size of 65.188 acres. The County's objection is
based on a land use issue and a gravel pit acreage limit that exists within their permitting authority.
You apparently have an existing conditional use from the county which allows you to expand the pit to
a total of 19.69 acres, but it does not allow expansion up to 65.188 acres, which you seek under this
DRMS conversion. Through recent discussion with the county, it is our understanding that if you wish
to expand your pit beyond the presently-allowed limit of 19.69 acres, you will need to obtain approval
of a special use permit.
Please recognize that the county and this Division both have regulatory authority in matters relating to
this gravel pit, but that the areas of jurisdiction are separate from each other. (Authority in land use
issues belongs to the county, and those issues concerning reclamation are under the statutory authority
of the state.) The existing pit is near the limit of the current 110 permit, and to expand your pit at all
beyond its present size, you must obtain an approval of a 112c permit conversion. Also, even with the
DRMS permit conversion approval, to eventually expand your pit beyond 19.69 acres you must obtain
the Corlejos County Land Use approval.
You have submitted sufficient information to satisfy the technical adequacy issues for your DRMS
112c permit conversion, and this office may now consider an approval of your conversion application.
Office of Office of
Mined Land Reclamation Active and Inactive Mines