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STATE OF COLORADO fou.~N ~nU i~MM Gn. III III 111111IIII III DEPARTMENT OF NATURAL RESOURCES D. Monte Pascoe, Executive Director MINED LAND RECLAMATION 423 Centennial Building, 1313 Sherman Street Denver; Colorado 60203 Tel. (303) 866-3567 David C. Shelton Director February 8, 1982 Mr. Gregory L. Johnson Horn, Anderson 6 Johnson Attorneys at Law Suite 370, Holly Sugar Bldg. Colorado Springs, Colorado 80903 RE: Broderick and Gibbons, Inc. - "Fountain Pit" OuI File N81-307 Dear Mr. Johnson: I have received your letter of February 5th representing the concerns of your client, the Fountian valley Authority, about the permit application for the above captioned proposed operation. I have passed a copy of your letter on to the operator for his response. Please be advised that this matter is now scheduled for the February 25, 1982 meeting of the Mined Land Reclamation Board (to be held in Room 110 of our building). However, your comments on behalf of your client should be in order until very nearly that date, since the required four sequential weeks of publication did not start until shortly after January 4, 1982 and a public comment period of 20 days is to follow that. I have two suggestions at this time. If your client feels that there will not be sufficient time to make its concerns known to our Division, you may appear at the Board meeting and make this point to the Board. Since the public comment period as provided under terms of the Mined Land Reclamation Act will have expired by February 25th, this argument may not be persuasive to the Board. On the other hand, if you can pass on your clients concerns to me as soon~as possible, I will immediately pass them on to the operator and try to respond to them myself as well as I can. Concerning the matters already raised in your letter, please be advised that I have questioned Broderick and Gibbons as to their obtaining of a fugitive dust permit from the Health Department for this operation and will pursue this matter further. I have also questioned the operator as to his recla- mation plans for drainages that may be disturbed due to mining and as to drainage and sediment control during mining. I intend to be adequately assured that this will not be a problem.