2012-01-09_GENERAL DOCUMENTS - M1977129

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SAND & GRAVEL PRODUCTS Phone 242 -7537 January 9, 2012 f-111( `-) WHITEWATER BUILDING MATERIALS CORPORATION / Tony Waldron Division of Reclamation, Mining and Safety 1313 Sherman Street #215 Denver, CO 80203 Re: Grand Junction office Mr. Waldron, 940 South 10th Street, P.O. Box 1769 GRAND JUNCTION, COLORADO 81502 READY MIXED CONCRETE Phone 242 -4843 RECEIVED JAN 0 9 201 GRAND, UNCTION Fli l.D OFFICE DMBION OF REC MINING & SAFETY In the spring of 2011 Whitewater requested release of a property that we feel is ready to be turned over to the land owner. At the time of the request there were, and still are, items that the landowner installed on his property. A letter was supplied by the landowner taking responsibility for these areas as well as requesting a release of the property. Whitewater was denied release and in a meeting with Steve Shuey and Travis Marshall I was instructed that we needed to file a TR to show these landowner changes to our plan. In December Whitewater filed TR -05 showing the changes. Throughout the process I have been told we would not be held responsible for Third Party structures, and at no time has Whitewater been accused of installing these items. However when it comes down to it I can not get the TR approved unless the `cut back' is repaired. I have had conversations with the land owner and he is to busy to repair the area and doesn't care if it is repaired at this time or not. I feel this is an overreach of the Grand Junction office's authority to enforce Colorado State Reclamation rules. I am requesting only a clarification from you to myself and the Grand Junction office in this matter. Just one phone call to Mr. McCurter by Travis would have established that he does indeed take responsibility for what he did on his own property. I have enclosed written correspondence about this. Our permit is #M- 1977 -129 and I am in Denver monthly if you would like to meet. Mark Gardnef, VP Whitewater Building Materials Corp.