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COLORADO <br />Division of Reclamation, <br />Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />August 28, 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 Per 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 />On August 10, 2015, the Division of Reclamation, Mining and Safety (Division) received an objection to <br />the Pit 29 Amendment to Amendment No. 2 Application (AM -02). Therefore, pursuant to Rule 1.4.9(2)(a) <br />and 1.7.4(2), the Division has scheduled the application for a Formal Board Hearing for consideration. On <br />August 20, 2015, the Operator extended the AM -02 decision deadline to corresponded with the October <br />2015 Mined Land Reclamation Board (Board) Hearing. Therefore hearing has been rescheduled for the <br />October 28, 2015, Board meeting, which will occur at 1313 Sherman Street, Room 318, Denver, Colorado, <br />beginning at 9:00 a.m. or as soon thereafter as the matter can be considered. During the hearing the Board <br />will consider the application with objections and may decide to approve, approve with conditions, or deny <br />the Amendment application to Pit 29. <br />Pursuant to Rule 2.7.1, the Division will reschedule a Pre -hearing Conference to occur between October, <br />10 and 16, 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 />and responsibilities of parties, to discuss and resolve issues to the extent possible, to describe the Board <br />Hearing processes, to propose a list of issues under the Board's jurisdiction, to simplify that list, and to <br />identify parties. The Pre -hearing Conference will occur in the Denver area. The specific time and location <br />of the Pre -hearing Conference will be forwarded to all parties and interested persons as soon as such can <br />be determined. <br />of CO <br />01 <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us <br />John W. Hickentooper, Governor I Mike King, Executive Director I Virginia Brannon, Director ` * JA76" ' <br />