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«i iiii«iuiiu iii <br />'~ 999 <br />December 2. 1996 <br />Flo ~""° <br />-~--- <br />~ ' ~ ~ ~ °~. <br />Az e, I ~ i~„ l <br />10001 CR 12 P.O. Box 38 ~ F C E ~ V E. zr1 <br />Cotopaxi, CO 81223 <br />(719)942-4178 <br />Fax (719) 942-4178 DEC l 2 1996 <br />viviGCn Ui lYIIO6(81$ a <.~CICnS <br />Mr. Tom Schreiner, Env. Specialist - <br />Colorado Division of Minerals and Geology <br />1313 Sherman Street Rm 215 <br />Denver, CO 80203 <br />RE: TEZAK HEAVY EQUIPMENT RESPONSE TO ADEQUACY REVIEW N M 77-193 <br />Dear Mr. Schreiner, <br />I have been in consultation with Mr. Ed Tezak concerning your site visit on Wed, 1 I-25-96. <br />I will attempt to incorporate those comments and commitments into the responses t~~ each area <br />of concern as listed. <br />1. Proof of Filing-- I am awaiting return of notarized affidavit from the Canon City Daily <br />Record for proof of publishing. As soon as this is in hand, I will forward it to the Division with <br />the proof of mailings to neighboring land owners. <br />2. Structures within 200 feet of affected land--The writer concurs with the Division's comment <br />that the structures in question are not m the 200 foot limit, therefore not subject to Rule 6.3.12. <br />in the case of the city water lines, the lines will be encased in concrete or run through larger <br />culverts prior to backfilling for road construction for maximum protection. This plan has been <br />reviewed and approved by Canon City Engineering. A letter to wit is forthcoming and will be <br />forwazded to DMG as soon as it is available. Roads, pipelines, or power lines which may be <br />affected by the road easement are located on Canon City property and will be protected from <br />damage and guaranteed compensation for damages should they occur by Tezak Heavy <br />Equipment Co., [nc. A notarized letter to than affect will be forwarded to the Division. <br />3. The maintenance shop and office building is located on 2.3 acres of Tezak Heavy Equipment <br />property as shown in detail on the Tezak boundary survey map. This acreage is for use by Tezak <br />Heavy Equipment Co, Inc. construction and haulage vehicles not related to the Aggregate <br />Source, Inc., the mining operation. A revised Exhibit C map, will be forwarded to thr: Division <br />showing the Southern end of the proposed affected land boundaries and the revised amended <br />permit acreage as shown. Since Tezak Heavy Equipment Co, Inc. is the owner of the buildings <br />and the mining operation, it is questionable as to weather Rule 6 applies. If the Division <br />determines that Rule 6.3.12 applies, then a notarized letter of agreement between.Te~ak Heavy <br />Equipment Company, Inc., and THE Aggregate Source, Inc. will be drafted and filed to meet the <br />technical requirements of this rule. The Exhibit C map revision will include the depiction of the <br />~:~ <br />