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COLORADO <br /> \/ Division of Reclamation, <br /> v11i� Mining and Safety <br /> Department of Natural Resources <br /> April 4, 2023 <br /> Mr. Baxter W. Kirkland <br /> Midway Aggregates, RLLP <br /> P.O. Box 580 <br /> Rye, CO 81069 <br /> Re: Midway Pit, Permit No. M-1988-018; <br /> Notice of Outstanding Corrective Actions <br /> Dear Mr. Kirkland, <br /> On March 10, 2023 the Division received an email from Tim Gerken of Telesto requesting an <br /> extension to the due date for three corrective actions issued in the Division's January 24, 2023 <br /> inspection report to March 31, 2023. The Division granted the extension but has not received <br /> any documentation to date demonstrating compliance with the three corrective actions cited in <br /> the aforementioned inspection report. In addition, the fourth correction action issued with the <br /> January 241h inspection, to treat tamarisk observed on site, was also due March 31". <br /> If the corrective actions are not properly addressed, and evidence provided to the Division by <br /> April 21, 2023, the problems from the inspection could be escalated to the level of possible <br /> violations and may then be referred to the Mined Land Reclamation Board for further action. <br /> The corrective actions and due dates are summarized below: <br /> INSPECTION TOPIC: Availability Of Records <br /> PROBLEM/POSSIBLE VIOLATION: Problem No. 1: Rule 1.13.5 states, if an Operator temporarily <br /> ceases production of the mining operation for one hundred eighty (180) days or more, the <br /> Operator must file a Notice of Temporary Cessation in writing to the Office. <br /> CORRECTIVE ACTIONS: The Division requires the Operator file for Temporary Cessation by the <br /> Corrective Action Due Date. The start date of the initial 5 year Temporary Cessation period is <br /> retroactive to the last date the pit was active August 10, 2018). <br /> CORRECTIVE ACTION DUE DATE: 3 3/1/2923 3/31/2023 <br /> OF LOCO <br /> Physical: 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 Few <br /> Mailing: DRMS Room 215, 1001 E 62nd Ave, Denver, CO 80216 https://drms.colorado.gov <br /> Jared S. Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director <br /> *1876 <br />