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999 <br />February 18, 2000 RECEIVED <br />Colorado Mined Land Reclamation Board and FEB 22 2000 <br />Colorado Division of Minerals and Geology ~,v~sion of Mineray & Geoto9Y <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Attention: Mr. Larry Oehler & Mr. James C. Stevens <br />RE: Objection regarding 110 (c) to 112 (c) Construction Materials Reclamation Permit <br />Conversion Application, Mountain Shadows Pit, Permit No. M-1979-158, CN-001 <br />Division of Minerals and Geology, <br />You are in receipt of an application submitted by the Colorado City Metropolitan District <br />for the conversion of the existing 110 (c) Limited Impact Construction Materials Permit <br />to a 112 (c) Regular Construction Materials Permit. As part of that application, dated <br />December 31, 1999, Exhibits A through S were submitted to you. Please consider this <br />letter as notice that Exhibit N, the property's Warranty Deed, which addressed DMG's <br />Construction Material ules and Regulations section 6.4.14 and 6.3.7, clearly <br />demonstrates that the~olorado Cit r Metro itan District does not have the Legal Right <br />to Enter and initiate a mmmg operation on Lot 14 of Mountain Shadows fates of <br />otoG~rado City~ection 33 Townshin24 South Range 67 West, _6"' P.M. ittPugblo_ <br />County and therefore is it not adequate to meet the requirements of ThThe Colorado Land <br />Reclamation Act for the Extraction of Construction Materials and the Rules and <br />Regulations promulgated pursuant to the Act. <br />You will note on Warranty Deed 707979 recorded in Book 2140, Page 311 in Pueblo <br />County that the deed warrants "the title to the same, subject to taxes, reservations, <br />restrictions, exceptions, rights of way and easements of record, more particularly a <br />Declaration of Protective Covenants recorded in Book 1991, Page 491, Pueblo County <br />Records with any amendments thereto.° <br />These Protective Covenants apply to Lot 14 of Mountain Shadows Estates. I have <br />attached a copy of the covenants with this letter for your review. Please note that on <br />page 2 of the covenant document, Section1., Designation, states "That all of the said <br />Lots, except Lot 15 shall be designated AGRICULTURAL ONE (A-1), and may be used <br />and occupied for no other purposes than are herevrithin below defined.° (found on page <br />492 of Book 1991) Section 3., Parcel Use Restrictions, (found on page 493 of Book <br />1991) Subsection A., Use:, states that "No other use, including commercial, professional <br />or business activities will be permitted except as follows: <br />1. Farming or Ranching <br />2. Game preserves <br />