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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 />September 20, 2018 <br />Alonzo Salazar <br />Southway Construction Company, Inc. <br />117 White Pine Drive <br />Alamosa, CO 81101 <br />Re: REVISED Conditional Approval of AM -02, King Pit, Permit No. M-1987-012 <br />Dear Mr. Salazar: <br />In a correspondence dated August 28, 2018, the Division informed you of its decision to approve AM -02. AM -02 was <br />filed with the Division on May 23, 2018, and addressed an expansion of the permitted lands to 344.3 acres. As <br />detailed below, the Division hereby revises its previous correspondence to clarify a conditional approval. The <br />condition for approval of AM -02 is as follows: <br />Pursuant to C.R.S. 34-32.5-115(4)(d), the Permittee/Operator is not authorized to affect lands which are <br />administered by the Bureau of Land Management (BLM), and/or to extract minerals administered by the <br />BLM, until the Permittee/Operator demonstrates to the Division's satisfaction a legal right to enter BLM <br />lands and/or legal right to extract minerals administered by the BLM. Such demonstration shall satisfy all <br />applicable requirements under Rules 6.4.14, 6.3.7 and C.R.S. 34-32.5-112(1)(c)(IV). <br />The Division's rationale for this revised conditional approval of AM -02 is the application for AM -02 fails to <br />demonstrate compliance with the requirements of Rules 6.4.14, 6.3.7 and C.R.S. 34-32.5-112(1)(c)(IV) for lands <br />and/or minerals administered by the BLM. <br />Pursuant to Rule 1.4.1(12), a condition or limitation to the approval of the application, unless consented by the <br />Applicant, shall be treated as a denial. Therefore, if the Permittee/Operator rejects the Division's revised conditional <br />approval, the Division's decision, by operation of Rule, automatically becomes a decision for denial of AM -02. <br />If you have any questions, please contact me at Stephanie.mitchell@state.co.us or 970-242-5025. <br />Sincerely, 03YU4 "� <br />'VA <br />Stephanie J. Mitchell <br />Environmental Protection Specialist <br />CC: Katie Todt, Greg Lewicki and Associates; and Rebecca Morris, BLM Monte Vista Field Office <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 Robert W. Randall, Executive Director I Virginia Brannon, Director <br />