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Richartl D. Lamm <br />Governor <br />~ III IIIIIIIIIIIII III <br /> <br />DEPARTMENT OF NATURAL RESOURCES <br />Davitl H. Getches, Executive Director <br />MINED LAND RECLAMATION DI\ <br />DAVID C. SHEL70N, Director <br />March 5, 1985 <br />Mr. John R. Manus, Jr, ' <br />Planning Consultant ~ <br />3776 Red Canon Place <br />Colorado Springs, Colorado 80904 <br />Re: Domenic Leone Construction Company, Inc. - "Leone Gardner Gravel" <br />File No. M-85-008 i <br />Dear Mr. Manus: <br />On February 25, 1985, I received <br />landowner notifications and your <br />Division of Wildlife review Lett <br />meeting. Therefore, on February <br />approved the 110 application for <br />amount of the financial warranty <br />with the following stipulation: <br />your documentation of public atio <br />agreement to the wildlife stipul <br />r did not arrive by our schedule <br />28, 1985, the Mined Land Reclama <br />the above captioned operation an <br />at X5,000.00. The application w <br />and <br />tion if the <br />Board <br />ion Board <br />set the <br />s approved <br />"The operator will submit the Colorado Division of Wildlif evaluation <br />of the permit area as soon as it is available and agrees t incorporate <br />any and all mitigative measures suggested in that evaluati n into the <br />approved permit application. These mitigative measures may{ be <br />reconsidered by the Board at a later time." l <br />The Board added the second sentence in this stipulation to allow giscussion <br />and possible modification of any mitigative measures suggested by the Division <br />of Wildlife in their forthcoming evaluation. <br />Normally, I would simply make the comment that the permit for thi <br />will be issued to Domenic Leone Construction Company as soon as a <br />warranty and a financial warranty are received and approved by ou <br />and, indeed, I have enclosed both forms with a copy of this lette <br />company for their use in this matter. However, last Friday, I sp <br />Davies of the Division of Wildlife concerning this application an <br />evaluation of it. He informed me that his field person was somew <br />at the request for an evaluation, since the mining operation at t <br />already fully under way. Admittedly, this is third hand informat <br />such, I do not feel that I can act on it at present. However, I <br />disturbed that your client would begin operations before his perry <br />issued. If he has done so, it is in direct violation of the Mine <br />Reclamation Act. I trust you will advise him that this is not ac <br />practice. Furthermore, if I do not receive an adequate warranty <br />this operation within one week, I will schedule this operation fo <br />inspection and plan to initiate enforcement action as necessary. <br />operation <br />Division; <br />to the <br />e with Bob <br />their <br />t bemused <br />site was <br />n and, as <br />very <br />has been <br />Land <br />for <br />an <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />