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STATE OF COLORADO <br />DIVISION 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: (303) 832-8106 <br />January 5, 2004 1/- <br />~~ <br />DIVISION O F <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MINING•SAFETY <br />Bill Owens <br />Fred Schmalz Governor <br />Schmalz Construction LTD. ~~ Greg E. Walther <br />Executive Director <br />P.O. Box 1105 <br />Gunnison, CO 81230 Ronald w. canany <br />,/ / Acting Division Director <br />Re: Schmalz Pit, Permit No. M-1984069, Abatement of Four Issuess Noted in September 5r", 2003 inspection'- <br />Dear Mr. Schmalz: <br />DMG staff has received from Schmalz Construction a detailed map of the current conditions that exist at the above <br />referenced site. The detail is sufficient for staff to determine the areas of current disturbance in relationship to the <br />approved permit boundaries. All four issues noted during the September St", 2003 inspection are now considered <br />abated. <br />The Division has received three (3) phone calls concerning the area south of the permitted area where Schmalz <br />Construction has imported asphalt, construction debris and equipment which is now clearly established as being <br />outside of the permitted area. There is no indication through staff investigation that this material or equipment is <br />directly associated with the approved activities within the permitted area. Staff would caution the operator that <br />addressed with Gunnison County. If new information is obtained that shows a link between this area and the <br />mining activities, staff may have to consider the issuance of a Possible Violation for disturbances outside the <br />approved boundaries and schedule the matter before the Mined Land Reclamation Board for possible civil <br />penalties, a cease and desist order, and! or permit revocation. This is an avenue that staff would like to avoid. <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 />Sinc~e/relA%~~'~' <br />/ /- <br />G. Russell Means <br />Environmental Protection Specialist <br />Cc: Carl Mount, Senior Environmental Protection Specialist, DMG /Denver (e-mail) <br />Cc: Richard Stepson, Gunnison County Environmental Quality <br />