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~ III IIIIIIIIIIIII III ~ <br />STATE OF COLORADO <br />DE]?ARTMENT OF NATURAL RESOURCES <br />MIt7ED LAND RECLAMATION DIVISION <br />MEMO TO FILE <br />File No: M-81--158 <br />Operator: Southwest Properties Inc. <br />Owner: Fore:;t Lakes Metropolitan District <br />Date: 1/2/52 ~~~~(~ <br />Specialist: HHP ~1~~ ~ <br />Subject: Requeest for permit release <br />Type of Interaction: (underline or explain): Meeting, Phone, Other <br />Correspondence from Cap Allen Engineering, and Dale Kortz <br />Person(s) contacted and affiliation: Gary Tuttle (Atty, for <br />Forest Lakes Metro District); Dale Kortz (Mgr, Forest Metropolitan <br />District <br />BUMMARY AND RESOLUTION OF INTERACTION: This operation was <br />developed to provide: gravel for roads and other excavation within <br />the Forest Lakes Development. Proposed post-mining land use says <br />the pit will be part. of a sewage-treatment pond. <br />The operator, Southwest Properties, sold the property to Forest <br />Lakes Metro District (FEND) in March, 1990. However, an April 17, <br />1990 letter from Southwest Properties indicated that the pit would <br />remain active. FLMD says none of the material has left the Forest <br />Lakes property, and that under Rule 1.13.2(1)(a), they should be <br />exempt from needing a permit. According to Kortz, part of the <br />ageement between Sou+thwest and FLMD is that FLMD will take over the <br />permit and the bond. A succession of operators has not been filed. <br />I told both Tuttle and Kortz that the division considers this an <br />active permit, and that because reclamation is not complete <br />according the permit, FLMD should file for a succession of <br />operators, take over the bond, and perform the reclamation. <br />Alternatively, they could request a hearing before the board to ask <br />the Board to make a determination. In the latter ca~S the <br />Division would need to conduct an inspection prior to the Board <br />Meeting. <br />--end-- <br />