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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 /r O [, Q RA D Q <br />Denver, Colorado 80203 DIVISION O F <br />Phone: (303) 8663567 MINERAL S <br />& <br />FAX: (303) 832106 G E O L <br />O G Y <br /> 0.EC LANATION•NINING <br />SAf ETY•SQENCE <br />September 20, 2005 ~ <br />/ Bill Owens <br />Mr. Jim Van Ella and Mrs. Deanna Van Ella _ <br />~~ S covemor <br />/` <br />P.O. BOX 2221 nA I q "/ ~' <br />~ ' O <br />Russell George <br />Executive Director <br />Gramte, Colorado 81228 / <br />~ Ronald w. Cottony <br /> Division DireROr <br />RE: Response to your letter dated September 9, 2005 ~~ Natural Resource Trustee <br />Deaz Mr. and Mrs. Van Ella <br />Question #1: <br />I believe most of this question was addressed in my most recent correspondence to you. We may <br />discuss it further upon my visit to your site. (When Mr. Mount returns to the Office we will <br />make arrangements with you to visit your site.) However, I would like to restate that when we <br />visit the site, you might, if you so choose, reset the permit boundary stakes such that the total <br />acreage does not exceed the permitted 3.0 acres. (You state 2.8 in your September 9, 20051etter, <br />however our files indicate you aze approved for 3.0 acres.) Mr. Mount will have a GPS unit with <br />us that will allow the determination as to when we reach 3.0 acres. (We will agree that that level <br />ofprecision is sufficient for the 3.0 acres determination.) Given the extensive disturbance at the <br />site caused by others and no real documentation on the limits of that disturbance, we will depend <br />on you to delineate for us what your mining related disturbance is. As an alternative, you may <br />agree to use the GPS information that Mr. Mount obtained at the August 23, 2005 inspection. <br />Please be aware that the Mined Land Reclamation act does require that you be responsible for <br />any previously disturbed azeas that you re-affect. I also understand that there are roads at the site <br />that you do not wish to be responsible for and that you use. The Mined Land Reclamation Act <br />says that if you significantly up-grade a previously existing road, it shall be part of the permitted <br />azea and you are responsible for its reclamation. However, since you own the property upon <br />which you aze mining, if you provide us a letter and a map that identifies the roads you wish left <br />for use as a landowner, once mining and reclamation are complete, those acres of roads maybe <br />deleted from your affected area. The road map included in the incomplete amendment <br />application maybe used for this purpose if you so choose. <br />We cannot approve additional acres of affected area over and above the 3.0 acres unless you file <br />an amended application. The Mined Land Reclamation Act prevents us from granting approval <br />unless you successfully complete the amendment application process and post additional <br />reclamation bond for the additional disturbance related to additional mining activity if additional <br />bond is needed. As I indicated in my previous letter, we will be more than happy to waive the <br />amendment application fee if that is helpful to you. <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />