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STATE OF COLORADO <br />pIVI510N OF MINERALS AND GEOLOGY ~~ <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />fAX: 1303) 832-8106 <br />September 15, 2003 <br />William Powell <br />Eagle Town Manager / <br />Box 609 <br />Eagle, Colorado 81631 <br />Re: Montgomery Pit, Permif No. M-1986-104, AM-01 Response. ~ <br />D I V I S I O N O F <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MINING•SAFE7Y <br />Bill Owens <br />Governor <br />Greg E. Walther <br />Executive Director <br />Ronald W. Cottony <br />Acting Division Director <br />Dear Mr. Powell: <br />The Division of Mineral's and Geology received the Town of Eagle's correspondence concerning the amendment to <br />the permit for the above referenced site. Staff is uncertain whether the Town of Eagle is objecting to the <br />amendment or voicing concerns about the proposed post mine land use. The Division does not have the statutory <br />authority to require that the operator obtain atl land use approvals from Eagle County ru for to approval of the <br />amendment or a new application. Rule 6.4.13 clearly states that " Exhibit M -other permits and licenses must <br />contain a statement identifying which additional permits, licenses and approvals the operator holds or will seek in <br />order to conduct the proposed mining and reclamation operations" The Rule clearly identifies county zoning and <br />land use permits, and city zoning and land use permits. <br />Staff has corresponded with the operator and they indicate that there has been some dialog with the County <br />concerning the Conditional Use Permit issue. B & B Excavating will be supplying documentation to this Office prior <br />to a decision of AM-01 that states that an amendment to the current Conditional Use Permit will be sought. Issues <br />cited in your correspondence indicate a possible issue of air and water quality, which is an issue for the Colorado <br />Department of Health, nit the Division of Minerals and Geology. Issues of noise and traffic are Eagle County's <br />jurisdiction and not that of the Division's either. The operator cannot seek final release of the permit unless the <br />reclamation meets the approved permit plans. If the Town of Eagle and the County do not approve the proposed <br />origi gal approved useeoasometh'ng th tall parties agree to pr orr to anycre easetof the permt and bond to the <br />Currently, the Division is listing the Town of Eagle as an objector to the amendment. If the objector status is not the <br />intent of the letter, this Office must have documentation stating that the issues raised by the town have been <br />addressed and that objector status is not desired by October 12t", 2003. <br />If you need additional information, please contact me at the Division of Minerals and Geology, Grand Junction Field <br />Office, 101 S. 3rd St., Suite 301, Grand Junction, Colorado 81501, telephone no. 970.241.1117. <br />Sincerely, <br />G. Russell Means <br />Environmental Protection Specialist <br />Cc: Carl Mount, Senior Environmental Protection Specialist, DMG /Denver (e-mail) <br />Cc: Greg Lewicki, Operator's Consultant, Greg Lewicki and Associates <br />