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SCHOFIELD RE0111WD <br /> EXCAVATION AUO 16 2019 <br /> PO Box 612 DNWON OF RECLAMATION <br /> MINING AND SAFETY <br /> Gypsum, CO 81631 <br /> 970-524-3478 <br /> August 13, 2019 <br /> Mr. Dustin Czapla <br /> Environmental Protection Specialist <br /> Division of Reclamation, Mining and Safety <br /> 1313 Sherman Street <br /> Room 215 <br /> Denver, Colorado 80203 <br /> RE: Birdseye Pit, File No. M-2016-034, Objection Letter from Richard McClain dated July 29, 2019 <br /> Mr. Czapla, <br /> In reference to the complain letter sent in by Mr. McClain, Schofield Excavation has assembled the <br /> following responses: <br /> Item 1. "The property in question is already held in a Conservancy Easement by <br /> the Land Trust of the Upper Arkansas. (See attached photograph, where the notice of <br /> the proposed gravel operation is posted adjacent to the notice that this a <br /> Conservancy.) I do not believe a gravel/concrete/asphalt operation should be <br /> established on a conservancy, and in fact may not be legal." <br /> This statement is factually inaccurate, as the enclosed Conservancy Filing demonstrates. The proposed <br /> pit is in fact located in excess of 1100 feet from the Conservancy Property which is well beyond the <br /> minimum set-back established in the Conservancy Agreement. See attached exhibits with the property <br /> description and maps which are pages 33 thru 37 of the conservancy agreement in the mining <br /> application. <br /> Item 2. "The property in question lies along a scenic byway of the of the east <br /> fork of the Arkansas River, and is fact just 6 miles from the headwater of the River. A <br /> mining operation here would be totally inconsistent with the State's interest in <br /> preserving the pristine area of the Arkansas River Valley." <br /> The proposed Birdseye Pit is located along the Arkansas River and East of Highway 91 which is the last <br /> step of a suggested route along the Top of the Rockies Scenic Byway celebrating historical and current <br /> mining in the area. It is notable to recognize the fact that Climax, the largest molybdenum mine in the <br /> world, is located at the headwaters of the Arkansas River and a few miles north of the proposed pit. It <br />