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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY L/ <br />Department of Natural Resources <br />1313 Sherman 5t., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303)832$106 <br />February 14, 2007 `~ <br />Mr. Michael Ripp <br />MVR Resources, Inc. <br />P. O. Box 54 <br />COLORADO <br />DIVISION OF <br />RECLAMATION <br /> M[NING <br /> E <br />D <br />RECEoVE <br />fEB 202001 <br />t10n, <br />plvlaion of Reclama <br />Mining and Safety SAF <br />TY <br />Bill Owens <br />Governor <br />Russell George <br />Executive Director <br />Ronald W. Cattany <br /> Division Director <br /> Natural Resource Trustee <br />Delta, CO 81416 <br />RE: Benson Brothers Red Shale Pit, Permit No. M-2005-071, Denial of Technical Revision No. 1 (TR-O1) ~ <br />Deaz Mr. Ripp: <br />Thank you for your February 13, 2007 revised submittal of a request for technical revision to change the <br />location for obtaining water for dust suppression at the Benson Brothers Red Shale Pit. The Division of <br />Reclamation, Mining and Safety (DAMS) has denied this request for the following reasons: 1) The BB Seep is <br />adjudicated as a water source solely for dust suppression at the Benson Brothers Red Shale Pit; 2) Any <br />malfunction or leaking of the pumping equipment or water lines could result in off-site impacts; and 3) C.R.S <br />34-32.5-103(1), in part, defines affected land as "... areas in which structures, facilities, equipment, machines, <br />tools, or other materials or property that result from or are used in such operations are situated." This TR-O1 <br />request would increase the acreage of affected land associated with this operation and must be processed as an <br />amendment. Therefore, this technical revision request is denied. <br />If Benson Brothers disagrees with this determination, they may file a petition for a hearing before the Mined <br />Land Reclamation Boazd pursuant to Rule 1.4.11 of the Construction Materials Rules and Regulations. <br />If you need additional information, please contact me at the Division of Reclamation, Mining and Safety, Grand <br />Junction Field Office, 101 South Third Street, Room 301, Grand Junction, Colorado 81501, telephone no. 970- <br />243-6368. <br />Sincerely, <br />i' ~J~ ~V <br />Steve S. Shuey <br />Environmental Protection Specialist <br />Office of Office of <br />Mined Land Reclamation AQive and Inactive Mines <br />