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,r iii iiiiiiiiiiiu iii <br />. Town of Crested u ~r ~r~ECE1I~ED <br />P.O. Box 39 SAN 23 ~ss.5 <br />Crested Butte, Colorado 81224 °~~~5~~ , pt M,,, <br />-A National Historic District- b~a,g `~ ~'e01p9Y <br />Phone: (303) 349-5338 <br />PETITION FOR DECLARATORY ORDER FAX: (303) 349-6626 <br />January 19, 1995 <br />T0: Colorado Division of Minerals and Geology <br />FROM: TOWN OF CRESTED BUTTE, PETITIONER <br />and OPERATOR OF MOUNTAIN VIEW PIT, <br />Gunnison County. Permit No. M-81-002 <br />The approved reclamation plan for the Mountain View Pit provided for <br />the remaining high walls to remain unvegetated.antl at a 60-70 degree <br />slope, The attached "side view" and "aerial view" are from the <br />original application. The "area to be excavated" on the "side view" <br />has been completely mined and the Town does not anticipate further <br />mining activity, <br />The resulting high walls are at 60-70 degrees, At the top of the walls <br />there remains an overburden of material partly on land owned by the <br />Town and partly within the Colorado Department of Transportation (CDOT) <br />right-of-way. DCOT has plans to widen Highway 135 in the summer of <br />1995, We have had discussions with CDOT about the possibility of using <br />the overburden material to push over the high walls and lessen the <br />degree of slope considerably, CDOT has indicated a willingness to <br />allow us to use the portion of material from the CDOT right-of-way, <br />The Town of Crested Butte respectfully requests a determination by the <br />Board, under Rule 1,2, that our moving of the material both on our <br />land and the CDOT right-of-way for purposes described above is not an <br />activity that requires a mining operation or reclamation permit, <br />Specifically we suggest that the use of the overburden material will <br />improve the approved relcamation plan by enabling the Town to reduce <br />the degree of slope of the high walls. Additionally, a lesser degree <br />of slope will enable the Town to re-vegetate the hillside with grass. <br />Rep ,tfull bmitt d, <br />. - ~'~ <br />William V, rank <br />Town Manage, <br />WVC:11p <br />