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J^ <br /> <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Roam 215 <br />Denver, Colorado 80203 <br />Phone: 13031 866-3567 <br />FAX: (3031 832-8106 <br />December 2, 1999 <br />Ms. Marcia Ewell <br />P. O. Box 1492 <br />Telluride, CO 81435 <br />r'T A TT" .O~COLORADO <br />III IIIIIIIIIIIIIIII <br />999 / ~L <br />DIVISION OF <br />MINERALS <br />~ECEI~IED <br />pCC U S 1°'J9 <br />Division of Mine(a1s & Geology <br />. '~~ <br />:.ail-~+y-cl3^ <br />" Pq}~~~~r-YI~~ <br />GEOLOGY <br />RECLAMATION <br />MINING•SAFETY <br />Bill Owens <br />Governor <br />Greg E. Walther <br />Executive D~renor <br />nLChael B. Long <br />Division Director <br />RE: Letter of Concern Regarding Activities at the Pathfinder Pit, Permit No. M-94-1 13 <br />Complaint Regarding Possible Illegal Mining on Pathfinder Pit Access Road, File M-99-1 11 <br />Dear Ms. Ewell: <br />Thank you for bringing the activities at the Pathfinder Pit, and along it's access road, to the <br />Division`s attention through your letters submitted November 4, 1999 and November 9, 1999. <br />The Division conducted an inspection of these sites on November 1 2, 1999, in response to your <br />letters. Copies of the inspection reports for the Pathfinder Pit and for the site of the possible <br />illegal mining activity have been copied to you. <br />As indicated in the Pathfinder Pit inspection report, the Division did find some problems at the site <br />and has required specific corrective actions for the problems identified in that report. Some of the <br />activities of concern that were listed in your letter are not contrary to the Minerals Rules and <br />Regulations. Therefore they are acceptable activities. Please remember, the Pathfinder Pit is an <br />active, permitted, gravel pit. Mining activities, as provided for in the approved permit, are allowed <br />to take place there, regardless of who conducts the mining activity. <br />Upon inspection and investigation of the site where your complaint letter indicated possible illegal <br />mining activity may have occurred, the Division has determined that no illegal mining activity has <br />taken place. Based on the small amount of material involved, the small area affected, and that <br />the project goal was not the sale and export of material, the activity appears to be a property <br />improvement project conducted by the landowner. <br />If you do not agree with the Division's determination and course of action regarding these <br />matters, Rule 2.4 of the Construction Materials Rules allows any interested person to request the <br />opportunity address the Mined Land Reclamation Board regarding alleged violations of any permit, <br />the Act or Rules. Such requests must be submitted in writing, and must state the facts that <br />warrant the Board's consideration. The Board, in it's discretion, shall grant or deny the request no <br />later than it's next regularly scheduled meeting, and if granted, the matter will be considered <br />within sixty (60) days. If the request is denied, the Board shall give it's reasons in writing. The <br />affected Operator shall be supplied with a copy of the request and all supporting materials upon <br />receipt of the request. <br />