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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 /> May 18, 2016 <br /> Robert Howell <br /> 6890 W.Floyd Ave. <br /> Lakewood, CO 80227-5209 <br /> Re: Howell Moss Rock Site, Reference No. M-2016-025, Division Response to "Is It <br /> Mining?" Questionnaire, Permit Required <br /> Dear Mr. Howell: <br /> On May 12, 2016 the Division of Reclamation, Mining, and Safety (Division) received <br /> information for an "Is It Mining" questionnaire regarding a project in Gunnison County, <br /> Colorado. Per the responses to the questionnaire the Division's opinion is that a 110c <br /> construction materials permit will be required. The primary reason is similar activities of <br /> moss rock and decorative stone sales have been determined by the Mined Land <br /> Reclamation Board to require a permit. The response to question 13 where it is noted that <br /> compensation would occur from the possible sales of the decorative stone places the <br /> activities in competition with other like permitted sites in the area as well. Based on the <br /> amount of disturbance being less than 10 acres, a 110c permit would be required. The <br /> limited impact110c application,Act and Rules can be downloaded at our website @ <br /> http://mining.state.co.us/SiteCollectionDocuments/Construction110App.pdf. <br /> This opinion is being offered based on the information provided in your response. Should <br /> the proposed project change please feel free to contact the Division for additional review. <br /> The Mined Land Reclamation Board (Board) has requested that the Division make <br /> determinations as to the need for a Mined Land Reclamation Permit. If you have any <br /> concerns or disagree with this decision,you may petition to appear before the Board during <br /> a formal public hearing for a Declaratory Order concerning this matter. Pursuant Rule 2.5.2 <br /> (1): the request must be submitted to the Board in writing and be received no later than 10 <br /> days prior to the hearing. The written request must contain the information required <br /> pursuant Rule 2.5.2 (2). (Rule 2.5 Enclosed) The next available Board hearing will be held <br /> on June 22-23, 2016. Therefore any request for a hearing must be received by June 14, 2016. <br /> All hearings are held at 1313 Sherman St., Room 318, in Denver, Colorado 80203. Please be <br /> advised the Division will oppose a Declaratory Order request for this operation based on the <br /> —cc) <br /> ` <br /> /a4 O.p\ <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. Hickenlooper, Governor I Mike King, Executive Director I Virginia Brannon, Director <br />