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Greg Lewicki And Associates, PLLC <br /> 3375 W. hmer, Circle Phone: (720)842-5321 Fa. <br /> Littleton,CO 80123 E-mail: info a lei�icki.hiz <br /> August 26 2019 OF <br /> Dustin Czapla "O"OF RECLAMATION <br /> Colorado Division of Reclamation, Mining, and Safety WYETY <br /> 1313 Sherman St, Rm 215 <br /> Denver, CO 80203 <br /> RE: Birdseye Pit (M-2019-034) <br /> Response to Objections and Comments on 112(c) Application <br /> Mr. Czapla <br /> Schofield Excavation and Greg Lewicki and Associates are writing to you to address two <br /> comment letters regarding the proposed Birdseye Pit. <br /> 1. McClain Objection <br /> Schofield has taken into account the claims made by a Richard McClain of Leadville, CO, and <br /> has the following responses to each item. <br /> Item 1. "The property in question is already held in a Conservancy Easement by the Land <br /> Trust of the Upper Arkansas. (See attached photograph, where the notice of the proposed gravel <br /> operation is posted adjacent to the notice that this a Conservancy.) I do not believe a gravel/ <br /> concrete/asphalt operation should be established on a conservancy; and in fact may not be <br /> legal. " <br /> The conservation easement in question encompasses land to the southwest of the proposed <br /> operation. As shown on the attached map of the easement from Lake County records,the <br /> easement is over 1100 feet away from the proposed permit area(Figure 1). No component of the <br /> proposed operation will affect the easement. <br /> Item 2. "The property in question lies along a scenic byway of the of the east fork of the <br /> Arkansas River, and is fact just 6 miles from the headwater of the River. A mining operation <br /> here would be totally inconsistent with the State's interest in preserving the pristine area of the <br /> Arkansas River Valley. " <br /> There are no known state land use plans for this property. The entire property is privately owned <br /> by Mr. Jim Neville, who has engaged in a lease with Schofield Excavation to mine the areas <br /> shown in the DRMS application. All further land use questions and concerns like those <br /> expressed by Mr. McClain are the jurisdiction of Lake County and should be directed there. <br /> Birdseye Pit <.n�g I iwivki and �S,nri:rtr,.I'I I <br /> August 2019 1 <br />