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4r~ <br />ampact <br />~~c~ environmental scientists 8t engineers <br />1409 larim¢r square d¢nver, Colorado 80202 X00-571-1000 <br />October 28, 1977 <br />Mr. Edward F. Johnston <br />Red Mountain Clay Co. <br />2601 Gore Rd. <br />Pueblo, CO 8100.6 . <br />Dear Mr. Johnston: <br />Attached is correspondence submitted to the Mined Land Reclamation <br />Board on your behalf. Because of revised Rules and Regulations <br />issued September 29, 1977, it was necessary to formally request <br />a continuance on your mines in Pueblo County because of the failure <br />of local government to indicate approval prior to the scheduled <br />October hearing date. The revised rules require the board to <br />extend Cimeperiods for consideration at the operators written request <br />or deny the application. Proof .of local government .approval <br />has not been received prior to the date of board consideration. This, <br />once again, is a change in the regulations and a continuing example <br />of the moving target syndrome exhibited by the State government. <br />Because of a recent interpretation of the Rules and Regulations it <br />appears that to maximize the minable area per our application with <br />the Mined Land Reclamation Board no use should be made of <br />previously disturbed areas around the mine for equipment storage or <br />stockpiling and new access roads should be made to the nearest <br />county or other maintained road to minimize private haul road <br />affected areas. Although it does not make a great deal of sense, <br />the current interpretation of the regulation insists that stockpile <br />areas, haul roads or other use of previously disturbed areas would <br />require that those previously disturbed areas be included in your <br />9:9 acre limit and must also be reclaimed. In order to obtain <br />a permit to mine the greatest amount of clay .in the future, it <br />would therefore seem prudent to completely abandon any previously <br />disturbed mined areas and move stockpiles and equipment onto virgin <br />land anticipated to be mined in the future under the permit. <br />