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:~ <br />~ ~o~,~_ ~-~~ III IIIIIIIIIIIIIIII ~J <br />jhe~ICT/ON poi/~od-f~,~~ ~, y ~/ "° ~'~ ~" <br />DENVER & RIO GRANDE WESTERN RAILROAD 2~OI~~ u ~ ~JU~ <br />P. O. BOX 5482 ((gy~pp <br />R.F~ NNGLANDND DENVER, COLORADO 60217MIP1ED LAID RtCLA^;i! NO NEERRING ASSISTANT <br />PHONE: (303) 629-5533 Colo. Dept. of Natural Rzsources <br />R.C. OATMAN H.A. PHILLIPS C.A. CURD <br />MANAGER. CONTRACTS DIRECTOR-LAND AND MANAGER, PROPERTY TAXES <br />CONTRACT DEPARTMENT <br />U. S. CERTIFIED MAIL <br />RETURN RECEIPT REQUESTED <br />March 18, 1981 <br />File: Ralph Carestia application for <br />permit to conduct open mining in <br />Fremont County, Colorado <br />Mined Land Reclamation Division <br />1313 Sherman Street <br />Denver, Colorado 80203 <br />Gentlemen: <br />Pursuant to the rules and regulations of the Colorado Mined Land Reclamation <br />Board and the "Colorado Mined Land Reclamation Act" of 1976, H.B. 1065, The <br />Denver and Rio Grande Western Railroad Company has been given notice that <br />Ralph Carestia has submitted an application for a Mining and Reclamation <br />Permit for a mine with the Mined Land Reclamation Board with respect to <br />property located within the city limits of Florence, Colorado described as <br />follows: That portion of the SW-1/4 NW-1/4 of Section 21, T19S, R69W, of the <br />6th P.M. lying northerly of the D&RGW Railroad R.O.W. containing 6.3 acres <br />m/1. <br />Because the proposed mining property is adjacent to our right of way, may we <br />respectfully request that when the Colorado Mined Land Reclamation Board meets <br />to consider the subject application, the following conditions set forth in <br />this letter be incorporated in the proceeding, and that the actual granting of <br />the application be made subject to these conditions, so that the proposed <br />mining operation will not adversely affect our lands as provided in Section <br />34-32-115 (4)(d), House Bill 1065. <br />(1) That the side wall of the proposed excavation adjoining our right- <br />of-way be constructed on a slope not to exceed a ratio of 1-1/2 (horizontal) <br />to 1 (vertical), so that no excavation, nor effect therefrom, shall encroach <br />upon our Railroad right-of-way. <br />(2) That good engineering practices be followed to ensure that the <br />Ralph Carestia operations do not in any way endanger, impair or weaken our <br />right-of-way in any manner or form. <br />