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George C. Wing, Esq. 3 February 25, 1994 <br />receive royalties from this operation. Mr. and Mrs. Brauer, <br />who know your clients, very much want to use their property <br />rights and anticipate producing income from that use. The <br />Colorado Mined Land Reclamation Act is not designed to divest <br />persons of their property rights. It is designed to regulate <br />certain mining activities and to insure reclamation. <br />You have concluded that there is no reasonable <br />assurance that Summit will be in business or that the <br />property will be reclaimed, and stated that the most likely <br />result is that this mine will remain a scar for centuries. <br />This is again without factual basis, and I think that if you <br />review the Colorado Mined Land Reclamation Act, you will come <br />to a different conclusion. The Art and the permit require <br />Summit to post a bond with the Mined Land Reclamation Board <br />so that if for any reason Summit fails to complete the <br />reclamation as required, the Board may complete the <br />reclamation utilizing the funds provided by the bond. The <br />Act gives the Board the authority and obligation to do so in <br />such an event. The mining and reclamation plan under this <br />application provide for ongoing reclamation, so that areas <br />previously mined will be reclaimed while the operation is <br />continuing. Summit has been in business since 1902 and has <br />been a significant employer and contributor to the southern <br />Colorado economy during that period of time. Summit has in <br />the past performed reclamation work at numerous sites and is <br />in the process of reclamation on others at this time. Summit <br />has reclaimed areas that were mined prior to the adoption of <br />the Act and for which Summit was not legally obligated to <br />perform reclamation work. Even if Summit were to go out of <br />business, the Act provides a means by which the permit could <br />be terminated and reclamation performed utilizing the bond <br />money provided. <br />With respect to the effect on wildlife, Summit has <br />prepared this application in consultation with the Department <br />of Wildlife, has accepted the recommendations of the <br />Department, and the Department anticipates minimal effect on <br />any wildlife. <br />Contrary to your statements concerning the roads, the <br />roads are in fact 60 foot wide county roads that are very <br />well maintained and more than adequate for the truck traffic <br />involved. The clay hauler that Summit intends to use for <br />this operation has been the clay hauler for the clay mine <br />south of your clients' property, which is owned by another <br />company. He has not experienced problems of the sort that <br />you describe. Furthermore, hauling from the county gravel <br />pit to the east of your clients' property generates <br />significantly more traffic than would this operation and has <br />