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<br />_ D~CAN, OSfRANDI3R 8c DINGES.S~'P.C. <br />Attorneys and Counselors a[ Law <br />7800 East Union Avenue, Suite 200 <br />Denver. Colorado 80237 <br />Telephone: (303) 779-02A0 <br />Tele(ax (303) 779-3662 <br />Robert R. Duncan <br />Donald M. Ostrander <br />John M. Dingess <br />J. Andrew Ausmus <br />March 4, 1994 <br />Mine Land Reclamation Division <br />1313 Sherman Street, Suite 215 <br />Denver, Colorado 80203 <br />Otero County Clerk and Recorder <br />P. O. Box 511 <br />La Junta, Colorado 81050 <br /> <br />!;oecial Counsel <br />George L. 7.oellner <br />Robert E. Schween <br />RECEIVF.C' <br />IViAR 0 7 1194 <br />~:,..~~,,., ~~ PAineiz~a ~: ~:-c,:~~,y <br />Re: Application of Valoo, Inc. for Mining and Reclamadon Permit •- Crystal Pit, <br />Section 22, Township 23 South, Rartge 56 West, 6th P.M., Otero County, <br />Colorado <br />Dear Sirs: <br />This firm represents the City of Aurora, Colorado. The City of Aurora was <br />informed by public notice of Valco, Inc.'s proposal to mine land in the above-referenced <br />section. Please be advised the City of Aurora holds easements over a portion of the <br />property to be mined by Valco. These easements were granted to the City to allow <br />certain "revegetation" of the lands in conformance with provisions of the decree and <br />subsequent orders in District Court, Water Division 2, Case No. 83-CW-18. I:Jnder the <br />provisions of the decree and subsequent orders, Aurora is required to establish dry land <br />type vegetation on the property for which it holds an easement in such a maruter to <br />prevent the perforation of noxious weeds and the blowing of dust. <br />Aurora does not wish to prevent Valco's use of the property over which Aurora <br />holds an easement, however, the very nature of Valco's use, mining the property, will <br />undoubtedly destroy the revegetation accomplished by Aurora. Accordingly, it may be <br />necessary for Aurora and/or Valco to apply to the District Court, for Water ]Division 2, <br />for an exclusion of the property to be mined by Valco from the revegetation <br />requirements of the above-referenced decree. Aurora is willing to undertake the efforts <br />to apply for such exclusion. However, since Aurora cannot guarantee it will Ise <br />successful in obtaining an exclusion, it must withhold its consent for Valco to do anything <br />on the property covered by the easement which will be detrimental to the revegetated <br />