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<br />Richard D. Lamm <br />Governor <br />,~ iiiiuiiiiiiiiuiu <br /> <br />DEPARTMENT OF NATURAL RESOURCES <br />Davitl H. Getches, Executive Director <br />MINED LAND RECLAMATION DI\ <br />DAVIDC. SHELTON, Director <br />December 2, 1985 <br />Mr. Oren E. Spillers <br />P.O. Box 1788 <br />Elk City, Oklahoma 73648 <br />Re: Our File M-80-143; Texas Creek Pit <br />Dear Mr. Spillers: <br />On November 25, 1985, the Mined Land Reclamation Board denied transfer of the <br />permit by succession of operator from Oren Spillers to Neils Excavating. The <br />Board did not believe that the new operator is capable of assuming all <br />responsibility for the conditions included under the original permit, based <br />upon information presented to the Board by Mr. Terry Sadler, an adjacent <br />landowner. <br />Please note: as a result of the Board's decision, operation and reclamation <br />of this mine in compliance with the terms of the permit remains your <br />responsibility. Please contact Niel's Excavating in this regard. <br />It was the concensus of the Board that the Division make another site <br />inspection relative to the concerns of Mr. Sadler and request guidance from <br />the Attorney General's Office with regard to the 200 foot limitation between <br />significant manmade structures and mining operation, {refer to Rule 1.56(5)). <br />Per a previous Board order increasing financial warranty for this operation <br />from $2,500 to $5,000, please provide the additional $2,500 financial warranty <br />by December 31, 1985, in order to prevent further complications or possible <br />enforcement action. Financial and performance warranty forms are enclosed. <br />If you have any questions, or need further information, please contact Mark S. <br />Loye, MLRD Senior Reclamation Specialist. <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />