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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 275 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8706 <br />December 17, 2004 <br />Mr. Damian Murphy <br />Aggregate hrdustries - WCR, Inc. <br />1707 Cole Blvd, Ste. 100 <br />Golden, CO 80401 <br />COLORADO <br />DIVISION O F <br />MINEERALS <br />GEOLOGY <br />0.EC LAMATIO N•MINING <br />SAFETY•SCIENCE <br />Bill Owens <br />Governor <br />Russell George <br />Executive Director <br />Ronald W. Canany <br />Division Director <br />Natural Resource Trustee <br />Re: File No. M-2004-0 1, Wattenberg Lakes, 112c Decision Letter -Conditions, Financial and Performance <br />Warranty Request -Construction Material Operation <br />Deaz Mr. Murphy: <br />On December 6, 2004, the Division of Minerals and Geology approved your 112c mining permit application. The <br />conditions to the approval aze noted below: <br />Stipulation No. <br />Description <br />1. The Applicant is or will be responsible for demonstrating to the Division's satisfaction that its operations have <br />not caused the 2-foot elevation drop trigger identified in its October 19, 2004 response to the Division. <br />2. The Applicant shall notify adjoining landowners, including Peter L. Baurer and Carl C. Eiberger, of any <br />technical revisions it may submit to the Division. <br />The amount of fmancial warranty set by the Division for this operation is $520,000.00. You must submit a fmancial <br />warranty in this amount and a performance warranty in order for us to issue a pemrit. In the event you have requested a <br />financial warranty form, we have enclosed it in this letter. If you have not, please select a type of fmancial warranty from <br />Rule 4.3. Then contact us so that we can provide you with the appropriate warranty form. We have enclosed a <br />performance warranty form with this letter for your use. <br />PLEASE NOTE THAT MINING OPERATIONS MAY NOT COMMENCE UNTII. A PERMIT HAS BEEN <br />ISSUED BY THE DIVISION AFTE$ RECEIPT OF YOUR FINANCIAL WARRANTY AND PERFORMANCE <br />WARRANTY. A PERMIT WILL NOT BE ISSUED UNTII. WE VERIFY THE ADEQUACY OF BOTH YOUR <br />FINANCIAL WARRANTY AND PERFORMANCE WARRANTY. <br />If you have any questions, please contact me at (303) 866- 4062. <br />Sincerely, " <br />~~~~ <br />Gregg R. ire <br />Environmental Protection Specialist <br />Enclosure <br />cc: Bill Schenderlein, Applegate Group, Inc. <br />Bazbara Chiappone, DMG <br />Offrce of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />