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771VED <br /> b ra <br /> ,SAN 1 4 2015 <br /> cLAMATION <br /> Braun Environmental, Inc. 3AFE1Y <br /> 355 S.Teller St,Suite 200,Lakewood,Colorado 80226 Office:303-697-0950 888-988-7698 Fax 303-697-2140 <br /> January 14,2015 SENT VIA EMAIL <br /> Tom Cazier <br /> Colorado Division of Reclamation,Mining and Safety(DRMS) <br /> 1313 Sherman,Room 215 <br /> Denver Colorado 80203 <br /> RE: Mineral Mountain Permit No M-2014-045-Responses to January 12,2015 Comments <br /> Dear Mr.Cazier: <br /> I have reviewed your two letters dated January 12,2015,including the Third Adequacy Review and the final DMO <br /> (Designated Mining Operation)letter,and have the following responses: <br /> First,I spoke with Lance Barker earlier today and he has agreed to give up the 110(2)designation for the 110(d) <br /> designation. His decision to accept the 110(d)designation is not because he believes the designation to be either <br /> technically or legally correct,but because he feels that it is his only way out. Based on my telephone discussion with <br /> you yesterday,I think that I understood you saying that upon his agreeing to the designation,the DRMS will issue a <br /> conditional approval for the permit,contingent on the writing of an Environmental Protection plan which will be due <br /> to DRMS within 180 days of today's date. <br /> As for me,I still have to solve the potential ethics/licensing problem associated with being forced to agree with <br /> something that I know to be wrong. I left Tony a telephone message yesterday, and when he calls me back,he and I <br /> will see if we can find a way through this issue without putting my license in jeopardy. In the meantime,I will start <br /> doing some due diligence on my own. <br /> Per Comment 3 in your Third Adequacy Review letter,it is difficult to believe that DRMS would suggest that I alter the <br /> facts to support their conclusions. The data and engineering for the site are clear and lead to a definite conclusion that I <br /> cannot change. Since the client has agreed to the 110(d)designation,I will fill out the remainder of the paperwork to <br /> meet the DRMS criteria,but can only rely on real data and engineering. I will begin on the Environmental Protection <br /> Plan,once I have your approval to start. <br /> Give me a call if you have any questions or additional instructions. <br /> Sincerely, <br /> BRAUN ENVIRONMENTAL, INC. <br /> C. A. Braun, P.E. <br /> enc. <br /> cc <br /> L. Barker <br /> CAB/rl <br />