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<br />14i? <br />Department of Energy <br />Office of Legacy Management <br />July 9, 2009 <br />Mr. Jeremy Cohen <br />Permit Review Coordinator <br />Jefferson County <br />Planning & Zoning Division <br />100 Jefferson County Parkway, Suite 3550 <br />Golden, CO 80419-3550 <br />1MM <br />.,)UL 13 2009 <br />7P Dlvistm of Recl@m8dOR <br />MiWng and Safety <br />r1- I?r1--1/3 <br />OLM-SRS-2009-084 <br />Subject: Bestway Concrete Company Miscellaneous Permit No. 07 127 791 <br />Dear Mr. Cohen: <br />Per your conversation on July 8, 2009, with Laura Kilpatrick of my office, the Department of <br />Energy (DOE) has recently become aware of the approval by your office on January 15, 2008, of <br />a Miscellaneous Permit Application (#07 127 791) by Bestway Concrete Company (Bestway) for <br />a "Temporary batch plant and related accessory structures." This permit was approved for two <br />years and will expire on January 14, 2010. <br />The DOE, as the surface property owner, has never approved of or otherwise authorized the <br />existence of a concrete batching plant on this site. As a matter of fact, the DOE has on numerous <br />occasions over the last eighteen (18) months indicated to representatives of Bestway that the <br />batch plant is not allowed on the site and, in fact, the DOE has demanded that the batch plant be <br />removed. (Please see Attachment A, which is an e-mail to Mr. Moorhead of Bestway from me <br />dated July 16, 2008.) In the attachment, I stated that "I was unaware that a batch plant was <br />authorized under the mining operations and would appreciate [Mr. Moorhead's] offer to send me <br />the mining permit that allows those types of operations." I received no response from <br />Mr. Moorhead. On August 29, 2008, eight months after this permit was approved by your office, <br />I received a letter from Michael J. Kortendick, A.I.C.P., with this Miscellaneous Permit <br />Application, not a mining permit, attached (Attachment B). <br />Based upon the DOE's ongoing conversations with Bestway representatives, the mere <br />submission of this Miscellaneous Permit Application was made in total disregard of Bestway's <br />knowledge of the DOE's objections to their batch plant on our property. It indicates, at a <br />minimum, a knowing misrepresentation of the DOE's objections. As a result, the DOE believes <br />that the permit approval should be voided. In addition, obviously, if this does not happen <br />quickly, we object to the renewal of this permit and respectfully request that your office not grant <br />an extension of this permit to Bestway. <br />2597 B 3/4 Road, Grand Junction, CO 81503 3600 Collins Ferry Road Morgantown, WV 26505 <br />1000 Independence Ave., S.W., Washington, DC 20585 11025 Dover St. - Suite 1000 Westminster M Rnn91 <br />Iuyeo narmfwn-sieves rngnway, rlarnson, um 4buJu 955 Mound Road, Miamisburg, OH 45342 <br />NV