From Santa Fe County Public Records

Letter: County to CGP, Memorandum of Understanding (MOU) with suspension of mining permit. The County reaffirmed the MOU in a letter to CGP, Jan.. 19, 2001: "...your request to be heard before the BCC cannot be granted until the water issues and all other conditions have been complied with."

Down to Reclamation Conditions, items 6-8

February 1, 2000
By: Mail [to]:

Joe Manges
Attorney for Cerrillos Gravel Products
Santa Fe

Richard P. Cook
Associated Asphalt
Santa Fe, NM

As you may know, the Santa Fe County Board of County Commissioners met on January 25, 2000 and acted on the Land Use Department's request to suspend Cerrillos Gravel Products (CGP) permit. The Memorandum of Understanding (MOU) executed by the parties was considered by the Board, which proposed several changes to that MOU. Agents for CGP and Associated Asphalt (Associated) present at the aforementioned meeting verbally agreed to all conditions of the MOU as modified. Please return a signed copy of this MOU at your earliest convenience.

Nevertheless, whether you agree to the MOU or not, the Board's action specified that mining permit number MIS 97-5230 is immediately suspended, subject to the following conditions:

1. CGP and/or ASSOCIATED shall immediately halt and discontinue all mining, material removal and hauling activity at the site. [Amended at BCC meeting of March 28, 2000, to allow the removal of 2 "existing stockpiles" of basecourse by Ap. 19.]

2. CGP and/or ASSOCIATED shall secure legally permitted water rights sufficient for the mining, dust control and reclamation operations at the site. If CGP and/or ASSOCIATED do not secure legally permitted on-site water rights, paragraph 4, requiring a new master plan application for use of off site water rights shall be complied with.

3. The County shall permit resumption of operations upon receipt of a letter from the Office of the State Engineer verifying the legality of the use of those rights for the purpose and the place intended, and upon compliance with the remainder of this agreement.

4. If CGP and/or ASSOCIATED propose to use off-site water, such use will require a new master plan application.

5. CGP and/or ASSOCIATED must comply with all other terms and conditions of approval, including provision of all necessary financial guarantees.

6. Representatives of all the parties, and of the Rural Conservation Alliance, shall meet on site, and CGP and/or ASSOCIATED shall prepare and submit all necessary plans and estimates to enable the parties to arrive at reasonable cost estimates for reclamation.

7. CGP and/or ASSOCIATED shall provide a financial guarantee sufficient to provide for reclamation of all areas outside the permitted mining area which have been disturbed during the time that CGP and/or ASSOCIATED have been operating the property, and a separate financial guarantee sufficient to provide for remediation of the permitted area, in accordance with Paragraph 6, above and the terms and conditions of approval. Full reclamation of all areas outside the permitted mining area which have been disturbed during the time that CGP and/or ASSOCIATED have been operation the property shall begin immediately.

8. Upon submission of proof of legally permitted water rights or, if necessary, a new master plan application and upon compliance with all other terms and conditions of permit approval, provision of all necessary financial guarantees, and full reclamation of unpermitted disturbed areas CGP and/or ASSOCIATED shall come back before the Board of County Commissioners for review of compliance with this agreement.

9. Upon compliance with Paragraph 8, above, the COUNTY shall either resume the development review process in regard to CGP's 1996 application for mining of 30 acres, or shall accept CGP's resubmittal of that application, along with staff review comments. At this time the County does not acknowledge submittal or possession of that application.

10. By entering this agreement, CGP does not relinquish or waive any of its rights under its existing permits or mineral zoning. CGP maintains that its 240 acres are specifically zoned for gravel extraction by historical mining use and pursuant to the November 1983 and 1997 County Development Review Committee approval and the April 1984 and 1997 Board of County Commissioners action and permit and does not waive any of its rights under common law or to the permits or zoning. By execution of this agreement, Santa Fe County takes no position on CGP's claims.

11. The parties further agree and acknowledge that this agreement is in settlement of disputed claims and that the settlement of such claims by mutual agreement shall not be construed, interpreted, or represented as an admission of fault culpability, or wrongdoing by CGP and/or ASSOCIATED and shall never be treated as evidence of liability or responsibility by CGP and/or ASSOCIATED at any time or in any manner whatsoever.

Please inform me of your respective decisions with regard to your agreement with the modified MOU. Additionally, please meet with me at your earliest convenience regarding compliance with the above terms.

Yours Truly,
Estevan Lopez, Land Use Administrator