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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 />COL O R A D O <br />A I V I S t O O F <br />Denver, Colorado 80203 <br />T <br />RECLAMATION <br />Phone: (303) 866 -3567 <br />M I N I N G <br />FAX: (303) 832 -8106 <br />—&— <br />SAF ETY <br />February 28, 2013 <br />John W. Hickenlooper <br />Governor <br />Miller Family Investments, LLC <br />Mike King <br />10614 Hwy 66 <br />Executive Director <br />Platteville, CO 80651 <br />Loretta Pineda <br />Director <br />Re: Review of Current Permit Status Regarding Temporary Cessation <br />DRMS FileM2010047, Lone Tree Pit; <br />Dear Brady Miller: <br />In conducting recent site inspections and reviews of Annual Reports, the Division of <br />Reclamation, Mining, and Safety ( "Division ") has observed that many sites are not in <br />compliance with the permit status requirements of the Colorado Land Reclamation Act for the <br />Extraction of Construction Materials ( "Act") and the Mineral Rules and Regulations of the <br />Colorado Mined Land Reclamation Board for the Extraction of Construction Materials <br />( "Rules "). Specifically, if your operation is not active or has limited mining activity please read <br />the following information carefully, as action on your part may be required. <br />The Act and the Rules require that operators who are not continuously engaged in the extraction <br />of construction materials must either file a notice of Temporary Cessation ( "TC") or apply for <br />Intermittent Status ( "IS ") as explained below. Operators must file a notice of TC whenever they <br />intend to, or do, temporarily cease production for more than a one year period. C.R.S. § 34 -32.5- <br />103(11)(b); Rule 1.13.5(1). The notice of TC must be filed in writing by separate cover to the <br />Division and include the following: <br />1. A revision fee in the amount of $144.00. <br />2. A statement of when the initial five -year period of TC will commence. <br />3. Reason for non - production. <br />4. A general plan for the resumption of mining. <br />5. Measures to be taken to comply with reclamation requirements related to Rule 3 <br />including weed control, storm water control, and general site upkeep. <br />6. Demonstration that the existing Financial Warranty is adequate to cover current <br />reclamation liabilities. <br />7. File the required annual report and fee when due. <br />As an alternative to TC, operators may qualify for IS, but only if they comply with the <br />following requirements: <br />Office of Office of <br />Mined Land Reclamation Denver - Grand Junction • Durango Active and <br />Inactive Mines <br />