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lJ� <br /> Kilgore Companies Edam Construction LeGrand Johnson Construction <br /> KILGORE 7057 West 2100 South (`� Lj 556 Struthers Ave, �� 4910 Old Airport Road <br /> Salt Lake City,Utah Grand Junction,Colorado Moab,Utah <br /> 84128 � 81501 84532 <br /> April 27, 2017 RECEIVED <br /> Mr. Lucas J. West <br /> Colorado Division of Reclamation, Mining and Safety SAY 0 4 2017 <br /> 1313 Sherman Street, Room 215 DIVISION OF RECLAMATION <br /> Denver, Colorado 80203 MINING AND SAFETY <br /> RE: Response to Inspection Report (ACOE Permits) M-1986-165, M-1987-044 <br /> Dear Mr. West: <br /> This letter is in response to your request for explanation noted in your inspection report dated April 12th <br /> 2017. As per your letter an inspection was held on April 5th, 2017 and within your inspection report a <br /> request to provide evidence that there are existing Army Corps of Engineer (ACOE)permits for the two <br /> mining permits, or provide an explanation for why no permit is required. Therefore,please be advised as <br /> to the permit exemption under the ACOE regulations based on the following factors associated with the <br /> extraction of sand for the above mentioned mining permit ID's listed in the subject line of this letter: <br /> • No mining commenced within the Waters of the United States. (WOTUS) <br /> • All activities of sand extraction are performed above water level during the winter when <br /> there are periods of historically low water levels. <br /> • The activity does not cause a discharge of dredged or fill material below the ordinary <br /> high water mark of the Animas River or within any wetland adjacent to the Animas <br /> River. <br /> Based on these factors and the activities at these locations which include only the extraction of sand, <br /> mobilization of equipment, loading and hauling of trucks therefore does not warranty an ACOE permit. <br /> Please feel free to contact Kara Hellige, Senior Regulatory Project Manager located at the Durango <br /> Regulatory Office 1970 East 3rd Avenue, #109, Durango, Colorado 81301 to verify these findings. Elam <br /> Construction has consulted with the ACOE through its representative (Ms. Hellige) in the past years <br /> pertaining to these matters. <br /> Thank you for your efforts to ensuring Elam Construction remains in compliance with all associated <br /> agencies involved in the extraction of sand and gravel. At this time we kindly request that the Division <br /> consider this noted problem as resolved. Please feel free to call me if you have any questions regarding <br /> this request. <br /> Sincerely, <br /> Jon Mueller <br /> Environmental Compliance <br /> Kilgore Companies dba Elam Construction, Legrand Johnson Construction, Peak Materials <br /> Phone: 970-242-5370 <br /> Email:jon.mueller(c�elamconstruction.com <br /> xc: Lucas J. West - lucas.west@state.co.us <br />