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~ III IIIIIIIIIIIIIIII <br />RU$SELLE YATE$ <br />ROBERT E. CRANE <br />ALAN G. NILL <br />RAYMOND C. LEAKE <br />Mr. Bradford James <br />Reclamation Specialist <br />Mined Land Reclamation Division <br />423 Centennial Building <br />1313 Sherman Street <br />Denver, Colorado 80203 <br />RE~: Your File: M-77-446 <br />Texas Creek Pit <br />Dear Mr. James: <br />C~ <br />YATES S CRANE <br />A PROFESSIONAL CORPORATION <br />ATTORNEYS AT LAW <br />P.O. 90% 2433 <br />DURANOO, COLO RA00 81302 <br />303 25D-2980 <br />LOCATION: <br />November 22, 1985 <br />%T/ MAIN AVEN UC, <br />SUITE 204 <br />.~ <br />N~v251985 <br />~,~. <br />~" rII: S'.iy .: <br />CG: <br />Reference is made to the November 13, 1985 letter to Steven <br />Zwick, La Plata County Attorney on the above referenced pit. This <br />letter is to advise you that this firm represents Mr. Terry Sadler <br />who has been one of the complainants relative to the use and <br />operation of the Texas Creek Pit. Because I will be unable to <br />attend the hearing on November 15, 1985, I would like this letter <br />made a pact of the record and to be read to the Mined Land <br />Reclamation Board prior to the transfer of the pit to a successor <br />operator. <br />If the Board would review the September 25, 1985 letter of <br />the County Attorney it will note that certain specific complaints <br />were delineated supporting arguments that the pit was in violation <br />of not onl}~ the spirit of the law but the specific letter of the <br />law. The operator is operating the pit less than 200 feet from a <br />residence, was in violation of the permit issued by this very Board <br />in hauling more than 70,060 annual tons, as well as, the question of <br />severe violation of the Colorado Air Quality Law. <br />Your department was specifically requested to investigate <br />these complaints. It is inconceivable to us that following the <br />letter of complaint of September 25, 1985, made by a governmental <br />agency, i.e. County Government, your department made a one time <br />inspection of the pit. What is even more inconceivable to us is <br />that at the time the inspection was made on October 16, 1985 the pit <br />was not even operating as your inspector made a site visit at 5:00 <br />p.m, in the afternoon. We fail to understand why in the written <br />report submitted by your inspector, not one single reference is made <br />to answer our complaints set forth in the September 25, letter of <br />the County Attorney, the complaints are realleged in this letter. <br />