PERMFILE124907

• Permit No: M2006027
• IBM Index Class Name: Permit File
• Media Type: D
• Archive: No

ST,STE OF COL~~RAD~
DIVISION OF RECLAMATION, MINING AND SAFETN'
Department of Natural Resources
1313 Sherman SL, Room 215
Denver, Colorado 80203
Phone: [phone] RECEIVE D
FAX: [phone]
AUG 14 2006
Division of Reclamation,
Mining and Safety
August 9, 2006/~
Roger Day
306 McCarron Ave.
Rifle, Colorado 81650 / /
Re: Rifle Distur6anee Area, Reference No. M-2006/-065, Site Visit and Findings.
Dear Mr. Day,
COLORADO
DIVISION OF
RECLAMATION
MINING
- St-
SAFETY
Bill Owens
Governor
Russell George
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
The Division of Reclamation, Mining and Safety (DMRS) would like to thank you for contacting the
Division regarding safety concems at the above referenced site. The Division strives to address citizen
concerns in as timely a manner as possible. Your original contact with the Safety Division was
forwarded to the Mining and Reclamation staff after a site visit determined that the site was not a state
permitted mining site and Safety Staff had no jurisdiction.
Staff apologizes for not being able to visit with you on site. Apparently a telephone message was left
while you were gone and the Division proceeded with its investigation to ensure timely review. Please
find attached a copy of the inspection of the site conducted on August 7`h, 2006. The inspection notes
current conditions and contact with the City of Rifle concerning the site and your state safety issues.
Mining and Reclamation Staff contacted Mr. John Hier, City Manager for Rifle on August 8`h, 2006.
After some initial questions from Staff and a site visit, it is appears that no activities that would fit under
the State Construction Materials Rules and Regulations have occurred. The recycled asphalt is stored on
city property for city use and not generated on site. The pit run was apparently a by-product of reducing
the original highwall and not for any particular intended use. Although some sort of excavation activity
has taken place historically, no excavation presently appears to have been undertaken. Therefore, it
appears that a mining permit is not required at this time. As explained in our telephone conversation, the
height of the highwall of 5 to l5 feet is quite common on permitted sites. The State Rules and
Regulations do not specifically address a maximum height during an excavation even when a permit is
required. Height is only an issue in regards to stability near permit boundaries and for reclamation costs.
MSHA does have safety regulations during excavation work, but only at defined sites where they have
jurisdiction which this appears not to be.
DMRS Staff does not deny that a potential safety issue may exist. The activity, however, does not
appear to be mining without a permit as defined by the Colorado Reclamation Act for the extraction of
construction materials. It is the Division's opinion that the issues are of landowner liability and trespass,
not mining without a permit. Mr. Hier asked for your contact information which staff forwarded on to
him. Mr. Hier stated that he would be contacting you so the City of Rifle could address your issues
directly.
Office of Office of
Mined Land Reclamation Active and Inactive Mines