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'r <br />Richard D. Lamm <br />Governor <br />r1 <br />L J <br />999 -- -"" <br />DEPARTMENT OF NATURAL RESOURCES <br />David H. Getchea, Executive Director <br />MINED LAND RECLAMATION <br />DAVID C. SHELTON, Dlroetor <br />May 30, 1984 <br />Mr. Robert E. Wright, Jr. <br />Attorney at Law <br /> <br />DIVISION <br />P.O. Box 179 <br />Gunnison, Colorado 81230 <br />Re: Schmalz Construction, Ltd. - "Schmalz Construction Pit" <br />File No. M-84-069 <br />Dear Mr. Wright: <br />On May 29, 1984, I received three separate protest letters concerning the 110 <br />permit application for the Schmalz Construction Pit. Given that our office <br />was not open yesterday, due to the Memorial Day ho]iday, all three of these <br />protest letters are considered timely filed and will be considered by our <br />Board during the scheduled June 27-28, 1984 meeting (when the permit <br />application is to be heard). These letters were submitted by <br />Mr. William L. Wegert, Mrs. Mildred L, Wegert, and a group calling itself the <br />"Antelope Creek People" (page 2 of their letter having the members of that <br />group as signatories to the protest letter). The letter from the "Antelope <br />Creek People" was accompanied by photographs of the area that is to be <br />permitted, showing that parts of this area have already been scalped of <br />vegetation in preparation for mining. <br />As I mentioned in my letter to you of May 25, 1984, our Division will plan to <br />inspect the site of the proposed operation and, if (as the aforementioned <br />photographs indicate) disturbance has occurred on the site of the proposed <br />permit area, enforcement actions may be initiated against your client, Schmalz <br />Construction Company. A site visit by our staff will be necessary, however, <br />before any such action would be taken, and such action would be a separate <br />item on our Board meeting agenda from the consideration of the permit <br />application. In any case, you would be notified of any such action under <br />separate cover from this ]attar. <br />As in the case of the letter from Mr. John Whitley, some of the issues raised <br />by the protestors in this matter would appear to fall under the jurisdiction <br />of our Board, and some issues would be the concerns of either Gunnison County <br />or perhaps other state agencies. I will briefly review the concerns raised in <br />each letter and suggest the manner in which I feel you should respond to them. <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (30~) 866-3567 <br />