2010-06-01_REVISION - M1999058 ‎(19)‎

• Permit No: M1999058
• IBM Index Class Name: REVISION
• Doc Date: 6/1/2010
• Doc Name: Response to objection and notice of approval
• From: DRMS
• To: Steve and Kim McIntyre
• Type & Sequence: AM1
• Email Name: GRM
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
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COLORADO
D I V I S 10 N Of
RECLAMATION
MINING
SAFETY
June 1, 2010
Steve and Kim McIntyre
1220 East Divot Drive
Tempe, Arizona 85283
Bill Ritter, Jr.
Governor
James B. Martin
Executive Director
RE. Yule Stone Quarry, M-1999-058, Amendment AM-01, Response to Objections and Notice of
Approval.
Dear Mr. and Mrs. McIntyre,
On May 17, 2010 the Division of Reclamation, Mining, and Safety, (DRMS) received your comments
regarding the proposed amendment to the above referenced 110c permitted site by Colorado Stone
Quarries (CSQ). Those comments are classified as an objection to the amendment. You note three
specific issues in your letter: 1) Inclusion of a public trail within the amended permit boundaries, 2) the
wrongful taking, and damage to your property and 3) further deposition of marble waste, including
sediment, on the surface. DRMS staff forwarded the objection to CSQ for a response and reviewed the
issues. The review and responses are noted below:
1) Inclusion of a public trail within the amended permit boundaries.
Part of the DRMS notification process includes notification of all adjacent landowners. The US
Forest Service, along with Gunnison County was properly notified. The Forest Service contacted
the Division for clarification of legal descriptions but had no further comment. Please find
enclosed a copy of an administrative resolution supplied by Colorado Stone from Gunnison
County authorizing the closure of the trail for which the County has a legally established right-of
-way. There is an alternative trail for public use noted by the operator, Forest Service and
County. Therefore, the inclusion and closure of the trail in the permit boundaries for safety
reasons by those with jurisdictional oversight is not an issue.
2) The wrongful taking and damage to your property.
DRMS review noted maps initially submitted had information that was transposed over property
lines that included those owned by you. The information was received by the consultant from
outside sources and used to create the maps. During the May 21, 2010 on site meeting, DRMS
staff and Colorado Stone personnel pointed out these errors to the consultant. The final maps,
(copies enclosed), have removed any proposed activities which include property owned or
controlled by you. Permit boundaries are clearly delineated now to show the amendment
activities are all within lands owned or controlled by Colorado Stone PolyCorp, and OMYA.
. Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines