GENERAL56367

• Permit No: M1981158
• IBM Index Class Name: General Documents
• Doc Date: 8/28/1995
• Doc Name: PETITION FOR DECLARATORY ORDER
• From: FOREST LAKES METROPOLITAN DIST
• To: MLRB
• Media Type: D
• Archive: No

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TUTTLE APPLEGATE, INC.
~~ Consultants for 'sand and Resource Development
November 5, 1991
Mr, Bruce Humphries
Mined Land Reclamation Division
1313 Sherman Stree±, Room Z15
Denver, CO 80203
RE; Permit Number #t2-81-159
Dear Bruce:
Recently I was contacted by Dale Kortz, manager of the Forest Lakes
Metropolitan District. As you are aware, metropolitan districts
are quasi-municipal units of government authorized under the
Special District Law of the State. The Forest Lakes Metropolitan
District provides water, sewer, road, and recreation services to
the residents of tl:e Forest Lakes Development in Bayfield.
This residential community was developed by Southwest Properties,
Inc. of Arizona, In 1981, Southwest Properties, Inc. permitted a
limited impact pit :in order to supply aggregates to build their
roads, sewer lines, and water lines. During the 1980s, the
developer excavated :materials from the pit and hauled materials to
the right-of-way owned by the Metropolitan District.
In March, 1990, the Metropolitan District took possession of the
7.7 acres of land whtsre the pit is located. The pit remains active
and is used as a source of roadbase to maintain the gravel roads in
the development.
We now have a situation where a unit of local government owns the
land where the pit is located, hauls this material from the pit
along road rights-of-way which it owns, and uses the mined material
to maintain the roads within its rights-of-way. By reviewing
Section 1.11.2(1)(a) of the Rules and Regulations, it is my opinion
that this activity does not require a reclamation permit. when the
pit is exhausted the Master Plan for Forest Lakes Development calls
for this site to be a final discharge pond for treated effluent
from their sewage treatment plant.
I was informed by Mr. Kortz that on December 10, 1991, the bond
under Southwest Pr~~perties, Inc. will expire. At that time I
suggest the Division let this permit lapse because it is no longer
required.
11990 Gzant Street, #410 Teelephone: [phone]
Denver, Colorado 80233 Facsimile: [phone]