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Southwestern <br />Ecological <br />Services <br />Vegetation Analysis <br />Wetland Ecology <br />Land Rehabilitation Planning <br />Photodocumentation <br />37 East Colorado Avenue Denver, Colorado 80210-3105 (303) 722-9067 Fax 1-866-820-1556 {toll free) <br />March 3, 2006 <br />Bexhan Keffelew <br />Division of Minerals and Geology <br />Room 215 <br />1313 Sherman Street <br />Denver, CO 80203 <br />RECEIVED <br />MAR 0 3 20p6 <br />Division of Mieerels end Geelo~Y <br />RE: Return receipts fox notices and proof of publication for Coal Creek Resource Amendment 3 and <br />comments on the county issues <br />Permit M-1988-044 <br />Dear Bethan: <br />Enclosed axe two copies of all the return receipts fox the notices sent to all overlapping and adjacent lessees <br />to the property leased by Schmidt Constmction Company. Although these lessees axe not actually adjacent <br />landowners it was decided that all lessees should be notified as if they axe adjacent landowners. <br />Also included axe the two proofs of publication and a copy of the invoice fox the six publications paid fox <br />in the Littleton Independent. The fast notice was started prior to the completeness date but was cancelled <br />and publication started again for four more weeks. It was copies of the second publication that were sent <br />to all the lessees. <br />Regarding the letters from Arapahoe County it was the decision of Schmidt to wait to see what happens <br />with the Reclamation Permit amendment before applying fox the Use by Special Review. As you are aware <br />this site is the center of some controversy and the company did not wish to spend a great deal of money on <br />the USR until it was known what sort of comments, if any, would be received on the Reclamation Pextnit <br />amendment. As there were no objections filed, it would now be appropriate fox Schmidt to pursue the <br />county approval. This course of action is within the rights of Schmidt and they axe well aware that some <br />issues might arise at the county level that could influence the Reclarnadon Permit amendment and that <br />those might need to be addressed depending on the nature of the local government issues. If Schmidt had <br />gone to the county fast there might have been issues at the State level that would have had to be <br />readdressed at the county level. This is a fairly normal state of affairs in the permitting world and Schmidt <br />is prepared to deal with whatever comes along. <br />Thank you. <br />Sincerely, <br />~~~ ~ <br />Mark A. Heffner <br />