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~L' . / <br />Southwestern <br />Ecological <br />Services <br />~~~r/~ki~~1'' <br />37 East Colorado Avenue Denver, Colorado 80210-3105 (303) 722-9067 Fax 1-866-820-1556 (toll free) <br />February 23, 2007 <br />Tony Waldron ~ lU1 ~~~ RECEIVED <br />Division of Reclamation, Mining, and Safety <br />Room zls FEB 2 3 2007 ~-- <br />1313 Sherman Street Division of Reelamation~ <br />Denver, CO 80203 ~ ~. Mining and Safety ~ <br />RE: New notarized legal right to enter statements for Amendment 3, Pueblo East Pit ~ <br />Permit No: M-1986-015 / ~_ <br />Dear Mr. Waldron: <br />Suzi Ericksen, during her initial review of this amendment application, found that the original legal right to enter <br />exhibits were no longer appropriate for this amendment Since the original Amendment 1 approval the permit <br />holder has changed from Transit Mix of Pueblo to Continental Materials, primarily for bonding purposes. Although <br />Transit Mix of Pueblo is a wholly owned subsidiary of Continental Materials, Ms. Ericksen felt the original notarized <br />statements in the name of Transit Mix of Pueblo needed to be replaced. Enclosed please find the original and one <br />copy of two new notarized statements in accordance with Ms. Exicksen's desires. It should also be noted that in <br />Amendment 1 there was a notarized statement providing permission Eor Transit Mix of Pueblo to operate on land <br />owned by Continental Materials. That specific property was the location of the concrete batch plant. As that land <br />was removed ffom the permit in 2006 that notarized statement for legal right to enter is no longer relevant. Of <br />course, it would not be relevant anyway even if it that property was still in the permit because it is owned by the <br />permittee. <br />Hopefully, this will satisfy this deficiency and the application can proceed to publication. If this is the case, please let <br />me know as soon as possible so publication and notification of adjacent landowners can occur. <br />Respectfully, <br />~~~~ <br />Mark A. HeiEner <br />ec: Ashley Bates <br />Clayton Morrow <br />