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~, ~~~ ~~~~~~~~~~~~~ ~~~ ,AT~OF COL <br />ORADO <br />MINED LAND RECLAMATION DIVISION <br />OF CO( <br />Department of Natural Resources ~~; Oq' <br />1313 Sherman St.. Room 215 <br />~! ~ '~ o <br />Denver. CG 80203 . ~~' 8 =. . <br />303 8663567 • 4_~' <br />Fax: 303 832-Bt06 'ra ~a' <br />Ray Romer. <br />Governor <br />Fred R. Barra. <br />Drvi5i0n Director <br />November 27, 1991 <br />Mr. Gary J. Tuttle <br />Tuttle Applegate, Inc. <br />11990 Grant St, 1!410 <br />Denver, CO 80233 <br />RE: Request from Forest <br />Reclamation Permit <br />Forest Lakes Gravel <br />Dear Mr. Tuttle: <br />Lakes Metropolitan District for Release from <br />Requirements; Southwest Properties, Inc.; <br />Pit ~tl; Permit No. M-81-158. <br />The Mined Land Reclamation Division has reviewed your letter and inquiry <br />regarding the permit citE~d above. (Please know that the file number for <br />this permit is M-81-158, not M-81-159 as indicated in your correspondence.) <br />My letter pertains to two issues: (1) a question of whether the Forest Lakes <br />Metropolitan District (FLMD) is required to have a reclamation permit for <br />the Forest Lakes Gravel f'it; and (2) the possibility that Forest Lakes <br />Metropolitan District will need to file for a succession of operators. <br />(1) The Division contaci:ed the planning departments of La Plata County anc <br />E1 Paso County regarding their interpretations of county master plans. <br />Both county planning departments indicated that Master Plans are <br />advisory only. Masher plans carry no guarantee or requirements that <br />the concepts of a master plan will be fulfilled. <br />Your citation of Rule 1.11.2(1)(a) was incomplete. The Division's <br />understanding of that rule is that the FLMD cannot be exempt from <br />issuance of a reclartiation permit unless "reclamation of the excavation <br />is assured by project requirements." However, there is nothing <br />currently provided t~y the permittee or Forest Lakes Metropolitan <br />District that provides the Division with this assurance. You are <br />welcome to have this matter decided by the Mined Land Reclamation Board <br />through a Declaratory Order. <br />(2) Regarding your statements that the FLMD took possession of the gravel <br />pit in March, 1990, and that Southo-yest Properties' reclamation bond <br />will expire on December 10, 1991, please consider the following. It is <br />the Division's opinion that FLMD might now be considered the operator <br />of the Forest Lakes Gravel Pit. If this is the case, FLMD and <br />Southwest Properties need to file for a succession of operators along <br />with a filing fee of 5100 as stipulated under 34-32-119 and 34-32-127 <br />(2). In that case, FLMD will need to assume the existing permit and <br />post the appropriate reclamation bond. Until that is done, FLMD should <br />be advised that they cannot legally operate the Forest Lakes gravel pit. <br />