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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman SL, Room 275 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />November 22, 2005' <br />Tim Scanlon <br />TMS Consulting / <br />P.O. Box 53 <br />COLORADO <br />DIVISION O F <br />M[[~IERALS <br />/QF GEOLOGY <br />RCLLANATION•MINING <br />SAFETT•SC IENCE <br />No ®~~°,~ <br />Q~Y's'Ono v~B ~~ ~,.~ GolveOrnors <br />l~~nPr. Russell George <br />~j3; <br />.;A ; Executive Director <br />"~'i}y Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />Saguache, Colorado 81149 <br />'~ .~ <br />Re: Gray Pit No. I, Permit No. M-2003-092, AM-01, Comments and Corrections. <br />Dear Mr. Scanlon: <br />The Division of Minerals and Geology staff has begun the initial review for an amendment to the above <br />referenced permit. The tentative Decision Date is January 24`h, 2006. Please find enclosed copies of <br />comments received from the Office of State Engineer (OSE) and Montrose County and issues regarding <br />them. <br />Please respond directly to the OSE and forward a copy to this office. <br />The Montrose County comments also include a letter dated 10/5/OS to TMS concerning issues with Mr. <br />Gray's SUP. Staff waited to address these comments, as it was understood the amendment was <br />forthcoming. The approval of the conversion from a 110c to a 112c in January of 2004 required all <br />applicable federal, state and local permits to be issued prior commencement of additional mining outside <br />the original 110-permit area. Failure to have the correct SUP maybe considered a violation of the <br />existing permit and subject to civil penalties, forfeiture of bond and / or revocation of the permit if <br />brought before the Board for a hearing. Additionally, it is noted that the access point represented in both <br />the conversion and this amendment show the access from the original 110 from US 50 as opposed to the <br />Highway 347 entrance. It is staff's understanding that the change was requested by CDOT; however, <br />the permit must reflect this change. This also could be considered a violation of the approved permit for <br />using an unapproved access point. Both of these issues must be addressed within this amendment to <br />bring the permit into compliance. The access point needs to be addressed on all maps and within any <br />descriptions pertaining to it. As for the SUP, staff may not approve this amendment until the SUP issue <br />is corrected. It is highly recommended that TMS and / or Mr. Gray supply the Division with <br />documentation of where this issue stands with Montrose County. Prior to any approvals, staff will <br />consult the County to confirm resolution of the matter or great progress towards that end. Any approval <br />of the amendment will have a stipulation that no dishirbauce is to be allowed in the additional area until <br />the Division has a copy of the approved appropriate SUP. Although the SUP itself is outside the <br />Division's jurisdiction, the lack of a proper local permit does fall within the Rules and Regulations and <br />must be corrected. <br />A Preliminary Adequacy Review for the amendment application will be forwarded soon. <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geolog~Gal Survey <br />