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<br />~ rilrllrlrrirrr«r~l <br />DEPARTMENT OF NATURAL RESOURCES <br />David H. Gelches. Executive Director <br />MINED LAND RECLAMATION DIVISION <br />DAVID C. SHELTON, Director <br />Richard D. Lamm <br />Governor <br />November 13, 1985 <br />Mr. Steven J. Zwick <br />La Plata County Attorney <br />1060 East Second Avenue <br />Durango, Colorado 8130 <br />~_ t,~ <br />Re: Our File M;!-JYg46; Texas Creek Pit <br />Dear Mr. Zwick: <br />The Division is in receipt of your written complaint of September 25, 1985. <br />Please note that two inspections of the above operation were made this year. <br />The first inspection of August 29, 1985 (prior to your correspondence) <br />indicated no problems observed at that time. In response to your concerns, a <br />second inspection was made on October 16, 1985. A copy of the reports are <br />enclosed. Although the second inspection revealed some concerns, and made <br />recommendations, neither report substantiates the concerns expressed in your <br />letter to us. At the present time, it does not appear that the current <br />activity at this site is in need of further Division attention. <br />Regardless, on November 25, 1985, the Mined Land Reclamation Board will <br />consider a Succession of Operator which will transfer control of the permit <br />from Oren Spillers to Niel's Excavating. The permit obligations and content <br />wil] not change at this meeting. However, in order to allow you and your <br />concerned group an additional opportunity to express your concerns, you may <br />wish to attend the meeting and present your case to the Board at that time. <br />The meeting will be held in Room 420 at 1313 Sherman Street, Denver, Colorado, <br />commencing at 8:00 AM. If you decide not to attend, the Division will <br />consider the matter closed. <br />The new operator will be sent a copy of your correspondence for his <br />consideration and notified of the November Board meeting. Additionally, we <br />will send a copy of this letter to Mr. Sadler. Since we do not have addresses <br />for the other persons mentioned at the bottom of your correspondence, please <br />notify all concerned of the content of this letter. <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303} 866-3567 <br />