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~,.~ ~ ~ III IIIIIIIIIIIII III • <br />ATTORNEYS AND COUNSELORS AT LAW <br />PAUL V. EVANS NO. 959 <br />G. SCOTT BRIGGS NO. 1150 <br />B SOUTH NEVADA AVENUE. SUITE 222 <br />COLORADO SPRINGS, COLORADO 90903 .1303) 473-4660 <br />In Reply Refer To: 80/206D <br />January 9, 1981 <br />James L. Schmieding <br />Reclamation Specialist <br />Mined Land Reclamation <br />423 Centennial Building <br />1313 Sherman Street <br />Denver, CO 80203 <br />CERTIFIED MAIL NO. P11 3458348 <br />RETURN RECEIPT REQUESTED <br />Re: Daniels Sand Pit $2 <br />Your File #73-7 <br />Issuance of Permit <br />Dear Mr. Schmieding: <br />This letter is to advise you that our client, Transmix <br />Concrete Company, a Colorado Corporation, complied on January <br />8, 1981, with the requirements of the Mined Land Board <br />regarding resolution of local government approval. A copy <br />of today's press is enclosed for your review. <br />On January 8, 1981 (which incidentally happened to be the <br />35th anniversary date of Mr. LeCompte with Daniels Sand) the <br />E1 Paso County Board of Adjustment, in an unanimous 5-0 <br />decision, upheld our client's appeal of the alleged requirement <br />by the E1 Paso County Land Use Department. As you know, the <br />Department tried to get Daniels Sand to seek further local <br />government approval. What this means is that the decision <br />of the Assistant Land Use Administrator, John D. Fisher, in <br />a letter dated June 16, 1980, was correct then and is proven <br />correct now. A copy of his letter is enclosed and is the <br />local government approval evidence which you were provided <br />seven (7) months ago. The subsequent decision of the Land <br />Use Administrator, William Wildman, was incorrect then, as <br />we told you, and is proven incorrect now. <br />Please cause the permit to be immediately issued to this <br />office for Daniels Sand Pit #2. ~ <br />Respectfu <br /> <br />Scott Brigc <br />GSB/da <br />Enclosure: 6/16/80 Fisher Letter (copy) and 1/9/81 GT Article <br />cc: Carl F. Dixon, Esquire and Transmix Concrete Company <br />