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'- ~ <br />Southwestern oU~ ~~ Fcrr~~~3~ <br />Ecological ~ ~,~ ~~kr ~d~~ ~na~ ~~ <br />Services <br />37 East Colorado Avenue Denver, Colorado 80210-3105 (303) 722-9067 Fax 1-866-820-1556 (toll free) <br />February 9, 2007 <br />RECEIVED <br />Suzi Ericksen, Office Manager FEB 0 9 2001 <br />Division of Reclamation, Mining, and Safety Division of Reclamation, <br />1313 Sherman Street, Room 215 ~s Mining and Safety <br />Denver, CO 80203 <br />RE: Response to your letter of February 4, 2007, on AM-3 for the Pueblo East Pit ' <br />Permit No.: M-19$6-015 ,/ <br />Dear Ms. Ericksen: <br />Your letter lists two items that you believe axe deficient in the application and must be provided prior to the <br />application being considered Filed. These issues are, in fact, addressed in the application, but to further illuminate <br />these items the following documents and responses are provided. <br />Exhibit N - All of this information was provided in previous applications and amendments. The information is <br />already on file at your office under Amendments 1 and 2. It was not provided again here as it seemed unnecessary to <br />resubmit what you already have. However, in order to expedite the matter the notarized statements and White lease <br />are resubnUtted again, in duplicate. I have also included a copy of the relevant rules under which these axe provided. <br />Exhibit S - The rule states "Where the mining operation vnll adversely affect the stability of any significant, valuable <br />and permanent man-made structure located within two hundred (200) feet of the affected land,..." (Page 147 of 2006 <br />version of rules). Therefore, if there are no such strucmxes nothing needs to be done. Exhibit S provides nvo <br />examples of special interest that are addressed. Otherwise there are no other such strucmxes that would be advexsclp <br />affected because the plan specifically excludes causing any significant disturbance closer than 200 feet of such <br />structures In the new amendment area, the only location where this might be in question is in the northeastern <br />corner of Phase 2. There, a notation is made on the map that specifically states that no mining can occur within 200 <br />feet of such structures, primax$y nearby outbuildings or houses. T'he fences are owned by the landowner under <br />which the land is to be mined. Therefore, it is our belief that demonstration of compliance with the rule has been <br />complied with. Of course, in the even[ this might change at some time, it would be necessary to acquire agreements <br />with those parties prior to causing any kind of disturbance within that 200 foot zone that could potentially cause <br />damage. But, at this time, that is not the case. <br />Hopefully, this will allow the application to move forward. If you have any questions, please call. <br />Sincerely, <br />~~~ n <br />Mark A. Heifnex <br />cc Continental Materials <br />Transit Mix of Pueblo <br />