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P.O. Box 1233 Buena Vista, CO 81211 Fred H. Wisely 23-March-06 23-March-06 4235 Bromley Place Colorado Springs, CO 80906 Robert L. White 23-March-06 23-March-06 2013 Fox Ridge Drive Blue Springs, MO 64015 Kent Rolf 23-March-06 23-March-06 P.O. Box 43 Fairplay, CO 80440 IL ISSUES RAISED BY OBJECTING PARTIES DURING THE INITIAL COMMENT PERIOD: Issues raised by obj ecting parties are listed below, along with the names of the objectors. The Division's response to obj ection issues follows. Issues are listed under the section of the Construction Materials Rules and Regulations to which they pertain. Issues that the Division believes are not within the jurisdiction of the Division or Board are listed afterwards. A. ISSUES WITHIN THE JURISDICTION OF THE DIVISION AND BOARD 1. Rule 4.2.1(1) Adequacy of Financial Warranties Fred Wisely raised the concern that the site be adequately bonded for reclamation of the site and for potential damages resulting from activity at the site. Division of Minerals and Geology (DMG) Response The question raised by the above comments is related to Rule 4.2 of the Construction Materials Rules and Regulations, which requires that all Financial Warranties shall be set and maintained at a level which reflects the actual current cost of fulfilling the requirement of the Reclamation Plan. The Rules further state that the Board or Office shall prescribe the amount and duration of Financial Warranties, taking into account the nature, extent, and duration of the proposed mining operation, the magnitude, type and estimated cost of planned reclamation, and the requirements of the Act. And, the Financial Warranty amount shall include an amount equal to five (5%) percent of the amount of the cost of reclamation to defray the administrative costs incurred by the Office in conducting the reclamation.