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,, <br />Richard D. Lamm <br />Governor <br />~ iiiiiiiiiiiiiiiiiii <br />DEPARTMENT OF NATL,...._ . __ 9~. _ <br />Devltl H. Getches, Executive Director <br />• <br />MINED LAND RECLAMATION DIVISION <br />DAVID C. SNELTON, Dlroetor <br />May 21, 1984 <br />Mr. Robert E. Wright, Jr. <br />P.O. Box 179 <br />Gunnison, Colorado 81230 <br />Re: Schmalz Construction, Ltd. - "Schmalz Construction Pit" <br />File No. M-84-069 <br />Dear Mr. Wright: <br />I have received your reply to my adequacy letter of May 11, 1984 and feel that <br />you have answered all of my questions satisfactorily, with one or two minor <br />exceptions. I am writing to clarify these minor exception areas and to inform <br />you of a potential protest to the permit application for the above captioned <br />operation. This letter will basically confirm our telephone conversation of <br />this date concerning these matters. <br />As I understand it, you have notified the BLM as an adjacent landowner and <br />will bring proof of this notification when you come to Denver on Thursday. <br />However, as you mentioned, the proposed permit area lies entirely within the <br />boundaries of the land owned by the operator, Mr. Schmalz. If this is the <br />case, there are no adjacent landowners (as defined by the Mined Land <br />Reclamation Act), and no notifications are real]y needed. I anticipate that <br />you will further clarify this matter. <br />I was not totally clear from your answer under Exhibit C, whether or not there <br />were any permanent, manmade structures within 200 feet of the proposed permit <br />area. From our telephone conversation, I assume that there are not. Please <br />clarify this matter for our records. <br />An analysis of the materials submitted leads me to believe that the <br />distribution of topsoil is fairly uneven on the proposed permit area, but that <br />the operation intends to salvage all available topsoil for use in <br />reclamation. Is the operator committing to a replaced topsoil depth of 4-6" <br />minimum for the entire proposed permit area, or is he committing to that depth <br />where possible and ripping for 2-3 feet elsewhere? If the latter is the case, <br />an estimate of the area to be topsoiled should be given. Please clarify this <br />matter further. <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (30'x) 866-3567 <br />