Laserfiche WebLink
Essential information has not been incorporated into this consent. Therefore, this letter will serve to <br />accurately report the exact facts: <br />1. For 20 years, there have been multiple State of Colorado Division of Reclamation, Mining and <br />Safety inspections of the gravel extraction and reclamation areas. NOTA SINGLE INSPECTION, <br />was there ever even an inkling that anything was not being conducted accurately or correctly. <br />This essential reporting of these inspection facts is completely withheld from the report. The <br />CHRONOLOGY starts as if this pit has operated in a void for 20 years. The State of Colorado <br />Division of Reclamation, Mining and Safety must shoulder its responsibility in this mistake. Do <br />not assign blame to me or the Bower Brothers Construction alone. Your inspectors are equally, <br />or even more so, at fault than we. Share the burden of error responsibly - that is your duty. <br />2. The Violation: Essentially, this is outright wrong. There is no "new" operation. Each respective <br />party acknowledges, there was a cave off from the sand bank, which extended the lake banks <br />beyond the permit boundary. The nomenclature should be accurate. It is not. <br />3. Civil Penalties: <br />a. As the permit owners, we will agree to the actual, real, monetary payment of the total sum <br />of $1000.00. Should your State of Colorado want to include a suspension of additional funds <br />so that conformity of Board applications are standardized [essentially as Mr. Steve Shuey <br />related the Staff Recommendations "contract" elements by phone to me last evening] for <br />the additional funds of $49,000.00 to insure compliance, then my position is look at the <br />body of work that is being delivered to you today. A compliance check in the total sum of <br />$1,000.00 would have been delivered to you today to acknowledge this error and fulfill the <br />obligation to address, acknowledge and correct the permit boundary overrun. <br />b. Mr. Steve Shuey requested that the $1,000.00 payable in favor of the State of Colorado, <br />Division of Reclamation, Mining and Safety, which will be made by Bower Brothers <br />Construction be delayed until the full modification of the Ross Pit, Permit No. M-1990-134, <br />has been completed: Principally by the Division of Reclamation, Mining and Safety. <br />c. You are in possession and have custody of all the elements, maps and legal descriptions to <br />acknowledge this request to: <br />1. Have the accurate, exact legal description of the area mined beyond the permit <br />boundary; <br />2. Have the accurate, exact legal description for this request for partial release of the fully <br />reclaimed lands; <br />3. Have the accurate, exact legal description for this request to release an area from the <br />existing permit that borders the access road and Deep Cut Irrigation Ditch. This area is to <br />be released from the existing permit for mining because its location is simply too close <br />Page 2 of 3