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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 C O L O R A D O <br />Phone: (303) 866-3567 DIVISION O F <br />RECLAMATION <br />FAX: (303) 832-8106 MIN 1 N G <br /> - &- <br /> SAF ETY <br /> Bill Ritter, lr. <br /> Governor <br /> Harris D. Sherman <br /> Executive Director <br />Rationale for Recommendation for Approval Over Objections; Ronald W. Cattany <br />Regular 112 Construction Materials New Application Division Director <br />, <br />The Denver Brick Co. c/o Acme Brick Natural Resource Trustee <br />Kiowa Clay Mine, File No. M-2007-009 <br />May 22, 2007 <br />Introduction <br />On May 22, 2007 the Division of Reclamation, Mining, and Safety ("Division")issued its recommendation <br />for approval of a 112 Construction Materials Application, over objections. This document is intended to <br />provide a basis for the Division's recommended approval over various concerns and objections to the <br />Kiowa Clay Mine application, File No. M-2007-009. <br />The Denver Brick Co. c/o Acme Brick application was found complete and considered filed with the <br />Division on February 26, 2007. The site is located approximately 12 miles southeast of the city of Kiowa <br />in Elbert County, Colorado. The property is located in Section 19, Township 9 South, Range 61 West of <br />the Sixth Principal Meridian. The proposed permit area is 400 acres in size. Approximately 72 acres of the <br />site will be mined and an additiona120 acres are subject to mining-related disturbance. Mining depths will <br />reach approximately 60 feet. The applicanUoperator anticipates approximately 45 acres of exposed <br />disturbance (new disturbance plus carryover acreage and staging) in a typical year when the site is in full <br />production. <br />The proposed post-mined land use for the site is rangeland. Reclamation at the site includes grading ofthe <br />disturbed acreage, topsoil replacement, and seeding to re-establish vegetation. All mining disturbance will <br />be limited to 80 acres or less at any one time throughout the operation. <br />I. OBJECTIONS: <br />The Division received objections from the following individuals during the public comment period, which <br />ended April 11, 2007. <br />Objector <br />Robert and Susan Passmore <br />26710 County Road 89-93 <br />Ramah, CO 80832 <br />Office of <br />Mined Land Reclamation <br />Dated Date Received <br />23-March-07 26-March-07 <br />Denver Grand lanction Durango <br />Office of <br />Ac[ive and Inactive Mines <br />