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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 e <br />RECLAMATION <br />FAX: (303) 832-8106 MINING <br /> - &- <br /> SAFETY <br />~ <br />May 24, 2007 Bill Ritter, lr. <br /> Governor <br />Mr. Ilm MlneT Harris D. Sherman <br />Builders Aggregate Company, IriC, <br />'/ Executive Director <br />915 W. Beaver Ave. Ronald W. Cattany <br />Fort Morgan, CO 80701 Division Director <br /> Natural Resource Trustee <br />RE: Builders Aggregate Company, Inc.; File No. M-1981-112 ~ <br />/ <br />Builders Aggregate; Conversion Application (CN-02) Adequacy Review #2 <br />Dear Mr. Miner, <br />The Division received your adequacy responses for the Builders Aggregate Pit Conversion Application 02 <br />(CN-02) on Apri13Q 2007. The Division of Reclamation, Mining and Safety (Division) has a number of <br />remaining questions that need to be addressed prior to approval of the application. The Division is <br />required to make an approval or denial decision no later than May 30, 2007, therefore, your response to <br />the following adequacy review concerns should be submitted to the Division as soon as possible. <br />1. As required by Rule 1.6.2(i)(d), please submit the proof of publication of the public notice circulated <br />in the local newspaper, all owners of record of surface lands that are within 200 feet of the boundary <br />of the affected land, and any easement holders. Proof of notice may be return receipts of a Certified <br />Mailing or by proof of personal service. <br />2. On the Application Form, the operator indicates that the permit area is currently 9 acres and will <br />remain at 9 acres. The purpose of the Conversion Application is to convert the current 110 permit of <br />9 acres to a 112 permit which is greater than 9 acres. It appears that the final permit area will be 80 <br />acres. Therefore, the form should state the following; <br />Permitted acreage (new or existing site): 9 permitted acres <br />Change in acreage (+); 71 acres <br />Total acreage in Permit area: 80 acres <br />3. The operator listed a number of company names throughout the Application Form that are not listed <br />with the Colorado Secretary of States Office (SOS) and therefore not an entity registered to do <br />business in the State of Colorado. In particular Builders Aggregate (noted on revised application <br />form), Builders Aggregate Company, Inc. (listed for the existing 110 Permit) or Builders Aggregate, <br />Co. (also noted in application form). However, Builders Aggregate, Inc. is listed with the SOS, and <br />therefore an entity that can do business in the State. The applicant will need to either register one of <br />the three names above (Builders Aggregate, Builders Aggregate Company, Inc. or Builders <br />Aggregate, Co.) with the SOS. If Builders Aggregate, Inc. is to be used, the existing permit will need <br />to be transferred from Builders Aggregate Company, Inc. to Builders Aggregate, Inc. before the CN- <br />02 application is approved, A copy of a Transfer of Permit and Succession of Operators form can be <br />obtained from the Division's web page at http://minin¢state.co.us. Any changes to the applicant <br />name will need to appear correctly throughout the application form. <br />Office of Office of <br />Mrned land Reclamation Denver Grand Junction Dwango Active and Inactive Mines <br />