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COLORADO
<br />9Division of Reclamation,
<br />mMining and Safety
<br />Department of Natural Resources
<br />1313 Sherman Street, Room 215
<br />Denver, CO 80203
<br />August 14, 2015
<br />Ben Frei
<br />Albert Frei & Sons Inc.
<br />P.O. Box 700
<br />Henderson, CO 80640
<br />Re: Pit 29, DRMS Permit No. M-1980-183,
<br />Amendment to Reclamation Permit Amendment Application No. 2 (AM -02),
<br />Notice of Formal Board Hearing, Pre -hearing Conference, and Recommendation Date for
<br />a 112c Amendment Application
<br />Dear Mr. Frei:
<br />The Division of Reclamation, Mining and Safety (Division) appreciates you taking time to participate in
<br />the review process of the above referenced permit amendment. The Amendment to Amendment No. 2
<br />Application for Pit 29 was filed with the Division on June 22, 2015, by Brannan Sand and Gravel Co.
<br />(Applicant).
<br />An explanation of the Division's review process, your rights as either a party or a non-party, and the
<br />jurisdiction of the Mined Land Reclamation Board (Board), is provided in the enclosed 12 -page
<br />memorandum, Guide to Citizen Participation, dated October 2, 2001, revised January 12, 2006. As noted
<br />in the citizen's guide memo, in these proceedings the Division's authority is limited to enforcement of the
<br />Colorado Land Reclamation Act for the Extraction of Construction Materials, 34-32.5-101 et seg., C.R.S.
<br />(Act) and the Mineral Rules and Regulation of the Colorado Mined Land Reclamation Board for the
<br />Extraction of Construction Materials (Rules), which can be accessed through the Division's website,
<br />ht!p://mining.state.co.us.
<br />On August 10, 2015, the Division received an objection to the Pit 29 Amendment to Amendment No. 2
<br />Application. Therefore, pursuant to Rule 1.4.9(2)(a) and 1.7.4(2), the Division has scheduled the
<br />application for a Formal Board Hearing for consideration. The hearing has been scheduled for the
<br />September 23, 2015, Board meeting, which will occur at 1313 Sherman Street, Room 318, Denver,
<br />Colorado, beginning at 9:00 a.m. or as soon thereafter as the matter can be considered. During the hearing
<br />the Board will consider the application with objections and may decide to approve, approve with
<br />conditions, or deny the Amendment application to Pit 29.
<br />Pursuant to Rule 2.7.1, the Division will schedule a Pre -hearing Conference to occur between September
<br />8 and 11, 2015. When scheduled, a formal notice of the Pre -hearing Conference will be sent to all parties.
<br />The Pre -hearing Conference will be held to describe the Division's review process, to explain the rights
<br />oF•cO�o�
<br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us I * '
<br />JKJohn W. Hickentooper, Governor I Mike King, Executive Director I Virginia Brannon, Director 1876 +
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