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2. Erosion on west pit sidewall. <br />After reviewing the file on this application is my understanding that no <br />reclamation plan was required with the original permit which the Town inherited <br />from Joe Eccher. A west sidewall of up to 70 degrees was approved on the <br />assumption that this would be stable based upon observations of adjacent steep <br />natural slopes. Certainly a case could be made that this has not been the case. <br />To address the issue, the Town would like to resurrect a plan of action that was <br />approved back in 1995 but was not accepted by the then current Town Council. <br />The adjacent property is Colorado State Highway 135. The top of the slope above <br />the pit is 15 to 20 feet above the highway road surface. The proposal is to push <br />the top 7 to 10 feet of this overburden to the east. This would serve to lessen the <br />slope, move the top of slope vertically lower into the property and get the <br />boundary fence back onto solid ground. <br />A Declaratory Order was issued by the Colorado Mined Land Reclamation Board <br />on January 27, 1995 to not require a state reclamation permit for this activity. <br />The Colorado Department of Transportation agreed to allow this activity to <br />proceed. The project was not acted upon at that time due to uncertainty with <br />regard to the future use of the area in question. I have briefly discussed the matter <br />with Dave Eller, CDOT Region 3 Program Engineer, and Darryl Carlson, CDOT <br />Resident Engineer. I will follow up our discussion with a formal request but it is <br />our intent to walk the site once snow has receded in the spring. Let me know if <br />there is any additional action required by the CMLRB at this time for the Town to <br />move forward with this plan. <br />I hope this is adequate to address your concerns regarding the Mountain View pit site. <br />Please let me know what additional information may be required. <br />Sincerely, <br />Bob Gillie <br />Public Works Director <br />Cc. Frank Bell <br />