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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />COLORADO <br />Phone: (303) 866 -3567 <br />D IV IS IQ N OF <br />RECLAMATION <br />FAX: (303) 832 -8106 <br />MINING <br />SAFETY <br />December 26, 2013 <br />John W. Hicken{ooper <br />Governor <br />Nathan Barton <br />Mike King <br />Wasteline, Inc. <br />Executive Director <br />11501 CR 34 <br />Loretta E. Pineda <br />Cortez, CO 81328 <br />Director <br />RE: Arboles Sand & Stone, Lob Lolly Pit (112c), File No. M -2013 -066 <br />Permit Application — Adequacy Review <br />Dear Mr. Barton, <br />Listed below are adequacy review comments for the Lob Lolly Pit (I 12c) Permit Application, File No. M -2013- <br />066. The Division of Reclamation, Mining, and Safety (Division) is required to make a decision by January 15, <br />2014. Therefore, your response to the following adequacy review concern should be submitted to the Division as <br />soon as possible. <br />1. As required by Rule 1.6.5 (2), please submit the proof of publication of the public notice circulated in the <br />local newspaper and all owners of record of surface lands, and easement holders that are on the affected <br />land and within 200 feet of the boundary of the affected land, if applicable. Proof of notice may be return <br />receipts of a Certified Mailing or proof of personal service. <br />Rule 6.4.13- Exhibit M — Other Permits and Licenses <br />2. The submitted mining plan indicates that some drainages may be relocated as a result of this project. For <br />example, the application indicates that Pine Tree Canyon Creek may be realigned. This exhibit does not make <br />mention that an Army Corps. Permit will be obtained. It is not clear as to whether realignment of this creek <br />would require such permit. Please be aware that some of the proposed activities may require an Army Corps <br />of Engineers Permit. <br />Rule 6.4.19- Exhibit S — Permanent Man -made Structures <br />3. Please supply damage agreement waivers, or proof that such waivers were sent to the owners of pennanent <br />man -made structures. <br />Please be advised that the Arboles Sand and Stone, Lob Lolly Pit (112c), Permit Application may be deemed <br />inadequate, and the application may be denied January 15, 2014, unless the above mentioned adequacy review <br />item is addressed to the satisfaction of the Division. Response to this adequacy concern must be received by the <br />Division to allow adequate time for review prior to the decision date. If you feel more time is needed to complete <br />your reply, the Division can grant an extension to the decision date. This will be done upon receipt of a written <br />waiver of your right to a decision by January 15, 2014 and request for additional time. This request must be <br />received no later than January 15, 2014. Please be aware that depending on the answers that are received <br />regarding the above adequacy issue, the Division may have further adequacy questions. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />