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<br /> <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br /> <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us <br />John W. Hickenlooper, Governor | Robert Randall, Executive Director | Virginia Brannon, Director <br />August 22, 2016 <br /> <br />Mr. Scott Davis <br />Schmidt Construction Company <br />2635 Delta Dr. <br />Colorado Springs, CO 80910 <br /> <br />Re: Fountain Pit, Permit No. M-1982-155; <br /> Incomplete Notification for Reconsideration of Amendment 3 (AM-03) <br /> <br />Dear Mr. Davis: <br /> <br />On August 16, 2016 the Division of Reclamation, Mining and Safety (Division) received a notice for <br />reconsideration of your amendment 3 (AM-03) application originally submitted to the Division in 2011 and <br />approved by the Division on January 3, 2012. This notice was sent by Mark Heifner. The Division’s records <br />show Blue Earth as being designated by the Schmidt Construction Company to perform work and submit <br />material for the Fountain Pit, as part of the AM-03 proceedings. Therefore, until you designate Mr. Heifner as <br />your representative in these proceedings for reconsideration, the Division is mandated by Rule 1.4.1(3) to <br />correspond only with you and Blue Earth regarding the AM-03 reconsideration proceedings. <br />In the absence of your written authorization designating Mr. Heifner as your representative in these proceedings, <br />the Division cannot accept the notice of reconsideration as an official request for reconsideration, and this <br />request is considered incomplete for the purpose of filing pursuant to Rule 1.1(20.1). <br />The Division performed a cursory review of the landowners notified of the pending AM-03 reconsideration. It <br />appears from the El Paso County Assessor’s records that Pavestone LLC owns property within 200 feet of the <br />current Fountain Pit permit boundary (across Charter Oak Ranch Rd, northeast of the northeast corner of the <br />current permit boundary). Further, it does not appear Pavestone was noticed as required by Rule 1.6.2(1)(e)(ii). <br />After the Division receives written authorization designating Mr. Heifner as an official representative and a <br />return mail receipt for Pavestone, the Division can schedule a hearing for reconsideration before the Mined Land <br />Reclamation Board. <br />If you have any questions or need further information, please contact me at (303)866-3567 x8169. <br /> <br />Sincerely, <br /> <br /> <br /> <br />Timothy A. Cazier, P.E. <br />Environmental Protection Specialist <br /> <br />ec: Wally Erickson, DRMS <br /> DRMS file