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• ~~i iiii~iiiiiiuiii <br />999 <br />DEPARTMENT OF NATURAL RESOURCES <br />David H. Getchee, Executive Director <br />MINED LAND RECLAMATION DIVISION <br />DAVID C. SHELTOH, Director <br />Richard D. Lamm <br />Governor <br />June 21, 1984 <br />Mr. Robert E. Wright <br />Attorney at Law <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 />Our Division has received your letter concerning modifications to the limited <br />impact permit application for the above-captioned operation, answers to <br />relevant adequacy issues raised by protesters of this operation, and a <br />commitment to republish, using the correct legal description. I have reviewed <br />your letter and have some canments to make. <br />First of all, I will now plan to present this application as a 9.8 acre <br />proposed permit area with only two acres of affected land. Should the Board <br />approve this permit application, the operator could submit an amendment to the <br />permit at a later time to increase the affected land to the full 9.8 acres. A <br />basic fee of $25.00 would be needed accompanying such an amendment request. <br />Second, your new legal description now appears to adequately describe the <br />planned permit area to the nearest four quarter quarter Sections invGlved in <br />Section 34, T50S, R1W. This legal description is adequate for our permit <br />application requirements and the publication. <br />Third, your statements concerning a lack of permanent man-made structures <br />within 200 feet of the permit boundaries, and plans to salvage all available <br />topsoil for a final replacement depth of 4-6 inches over the entire permit <br />area satisfy my concerns about those two matters. The application is now <br />considered adequate in this regard. <br />Fourth, your commitment in the name of your client that he will obtain a <br />fugitive dust permit (as necessary) from the Colorado Department of Health and <br />not use an asphalt plant as a part of this operation satisfies two of the <br />protesters' complaints. Your letter to Mr. Rick Sherman of the Colorado <br />Division of Wildlife concerning impacts to sage grouse, deer and elk addresses <br />the protesters' concerns relating to wildlife on the site. I hope his reply <br />is available before next week's Board meeting. If not, I may need to suggest <br />to our Board a stipulation to the permit that requires the operator to abide <br />by any further suggestions that Mr. Sherman may make relating to mining and/or <br />reclamation on this site. <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (30:x) 866-3567 <br />