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<br /> ~ III IIIIIIIIIIIII III <br />STATE OF COLOR4D0 Rq NnRl1 D. ~GrdAl. llnvnmm <br />DEPARTMENT OF NATURAL RESOURCES <br />D. Monte Pascoe, Executive Director <br />MINED LAND RECLAMATION <br />423 Centennial Building. 1313 Sherman Street <br />Denver, Colorado 80203 Tel. (303) 866-3567 <br />David C. Shelton <br />Director <br />September 2, 1982 <br />Mr, Donald W. Lee <br />Fremont Paving & Redi-Mix, Zn c. <br />P.O. Box 841 <br />Canon City, Colorado 82212 <br />RE: MacXenzie Pit <br />File No. 80-224 <br />Dear Mr. Lee: <br />Enclosed please find a letter from. Mr. Tony Beltramo, a landowner adjacent to <br />the above captioned operation. Nis letter raises some questions that I feel <br />should be answered and, if his Zand has been affected by this operation, remedial <br />measures should be taken. I will comment on the points he makes in his letter <br />below: <br />I) Erosion, due to the steepness of the mined slopes, is a <br />problem on this site. Until such time as backfilling can <br />reduce the slopes to 3:1 or less (as per the approved permit), <br />erosion should be minimized and not allowed to extend off the <br />permit area and into Mr. Beltramo's property. <br />2) PZease clarify more precisely how close mining has approached <br />Mr. Beltramo's property. As you are aware, if mining occurs on his property <br />(and outside of your permit area) it could be considered a violation of your <br />permit. <br />3) when I inspected this operation on July 9, 1982, I did not <br />walk up to the top of the active mining face. Have you <br />constructed an erosion-control berm on Mr. Beltramo's property <br />as he states? If such a berm is needed, it should be constructed <br />within the permit area, or the area of Mr. Beltramo's property <br />affected by the berm construction should be added to the permit <br />area with an amendment (and, of course with his written approval). <br />This, too, could be considered a violation of your permit. Please <br />clarify this matter and your future plans .for this area. <br />Finally, please explain the situation as concerns the 15 to 20 <br />feet of Mr. Beltramo's property that he claims was affected by the <br />the mining operation and not reclaimed. <br /> <br />