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~9 QLtOrneYS and COW mciui a ae maw Paul V. Evans No. 959 G. Scott Briggs No. 1 150 10000-88049 D December 7, 1988 532 South Weber Street Colorado Springs, CO. 80903-3906 Telephone: (71 9] 473-4660 CERTIFIED MAIL N0. P 672 856 173 - RETURN RECEIPT REQUESTED Department of Natural Resources Mined Land Reclamation Division Attn: Camille M. Farrell, Reclamation Specialist 215 Centennial Building 1313 Sherman Street Denver, CO 80202-2273 CASTLE CONCRETE COMPANY'S SNYDER QUARRY - PERMIT N0. SNYDER QUARRY ROAD ~~,~~~~'i51~s~ T otr , 2 isaa C~ECl.Ail;; ~ iD;~~ e:.'iUl~!013 M-77-210 Your letter dated November 2, 1988, to Mark A. He ifner, environmental consultant to Castle Concrete Canpany, has been referred to this office for response on behalf of our client, Castle Concrete Canpany, a Colorado Corporation. There appears to be sane confusion as to whether or not the 100' strip known as the Snyder Quarry Road is included in the develo~nent and extraction mining permit issued by the Mined Land Reclamation Board on May 27, 1980. It is the position of this office that road is so included and has been since the permit was applied for. In support of this position, I enclose a copy of the original legal description sutmitted in September, 1977, being a legal description prepared by Leigh Whitehead & Associates, which narrative appeared on Exhibit A and which map was dated August 19, 1977. That legal description included the road and identified an 80 acre tract which is the permitted mining acreage. The access road is described as ingress and egress over the old quarry road. For your information, that road was not necessarily established exclusively for the purposes of getting to Castle Concrete Canpany's quarry or its predecessors, since other tracts of land are reached by this road. However, the mining history in this area goes back at least five decades. The road has been in its improved state since late 1970 or early 1971. In support of the argument that the road has been in permit since the beginning is the fact that the road was included in the legal description of the permitted property. This issue of road inclusion was raised by James L. Schmieding, reclamation specialist formerly with the Mined Land Reclamation Division, He raised this at a public forum filled with citizens at the Centennial Hall on Wednesday, December 21, 1977. A copy of the reporter's transcript of proceedings, being page 100, reflects his canments on the alleged deficiencies of the 1977 permit application and refers to the 27 acre affected land area which was the then mining area.