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/!9- ~oo~- D~7 <br />J <br />Er~vir~r~n?er~~, Ir~c. <br />LARRY E. O'BRIAN 7985 VANCE DRIVE, SUITE 205A <br />FOUNDER ARVADA,COLORAD080003 <br />303-423-7297 <br />FAX 303-423-7599 <br />January 4, 2005 JFiECEBi/~® <br />J JAN 0 7 2005 <br />Mr. Thomas Schreiner <br />Division of Minerals and Geology givision of Minerals and Geology <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />Dear Tom, <br />RE: Albert Frei and Sons, inc. <br />Walstrum Aggregate Quarry Permit # 83-033 <br />On•behalf of my client Albert Frei and Sons, Incr'(Frei), I <br />will respond to your letter dated, December 17, 2004"Yegarding <br />the Douglas Mountain`Residents"Association ('DMRA)' objection`:• <br />letter for the-MMRR Quarry: •'it is unfortunate that they=choose <br />to"-state that"the walstrum'Quarry"was; not-"in compliarice~with ' <br />State or Local"permits'. This false statement unfairly drags:Frei <br />into a heated debate and opens us up to exaggerated claimed that <br />are costly to refute. Frei has no vested interest in the MMRR <br />Quarry and has no interest in being involved with the case. <br />On page 1, second paragraph starting with "We have had <br />direct experience .", where they first imply a problem with <br />the Albert Frei and Sons, Inc. - Walstrum Quarry. I find it <br />rather interesting that DMRA can state that "None of the <br />regulations associated with the operation of this facility have <br />been enforced by the State of Colorado, ." The most recent <br />inspection (9/10/04) by the Division of Minerals and Geology <br />indicated that there were no noted problems and that the bond <br />($741,500) is adequate. It is clear from this inspection report <br />that the Walstrum Quarry is in fact in compliance. Not only is <br />the Walstrum Quarry in compliance with the Mined Land Reclamation <br />Board permit (M-1983-033), it is in compliance with, a Clear <br />Creek County PUD; the Colorado Department of Health - Air <br />Pollution Emissions Permit (83CC104(1)F); the Colorado Department <br />of Health NPDES permit & Stormwater Management Plan (COG - <br />500268); the weed control plan;"the CDOT highway access permits;"" <br />the CDOT highway sweeping plan; and the Tighting plan that'~are <br />requiredby~various government`agencies:• ``In addition's;'the-'• <br />quarry is-inspected twice a year'by t]ie Mine Safety•and'Aeath" <br />Administratiom:(MSHA).-This mine has been in continuous" ' <br />operation'since 1983 and if Frei were not in compliance I ani sure <br />that one of the regulatory agencies involved would have shut the <br />mine down by now. <br />