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FROM W SRCK CLRRK <br />PHONE N0. 3032216588 Rug. 13 2007 03:01PM P2 <br />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 <br />Phone: 1303) 8663567 <br />FAX: (3031832A106 <br />July 31, 2007 <br />Mr. Christopher Moms <br />PC Management, Inc. <br />422 E Vermijo, Ste 311 <br />Colorado Springs, CO 80903 <br />RE: Flag Creek Mine, Petmit No. M-1997-098 <br />Technical Revision Ol <br />Deaz Mr. Morns, <br />RECEivED <br />AUG 13 2007 <br />DNision of Reclamation. <br />Mining and Setaly <br />COLORADO <br />DIVISION O F <br />RECLAMATION <br />M[NING <br />-&- <br />SAFETY <br />8i11 Ritter, Ir. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Diregor <br />Naaual Resource Trustee <br />The Division of Reclamation, Mining and Safety received your Technical Revision Application (TR-01) <br />to the Flag Creek Mine, Permit No. M-1997-098. <br />Upon further review of the application submitted by Clark Mining Services, LLC, the Division believes <br />the revised reclamation plan should be an Amendment to the Flag Creek Mine rather than a Technical <br />Revision. The definition of Amendment as described in the Construction Material Rules and <br />Regulations "means a change in the permit or an application which increases the acreage of the affected <br />land, or which has a significant effect upon the approved or proposed Reclamation Plan." The <br />reclamation plan will be significantly revised under this proposed plan by altering the permit boundaries <br />and area of affected land. Areas that have not been disturbed by mining, or reclaimed to the <br />specifications of the reclamation plan, maybe processed as an acreage reduction request as defined in <br />Rule 4.17. Any new acreage added to the permit area must be processed as an amendment to the permit. <br />Please resubmit this revision as a Perntit Amendment Application. Applications for Amendments aze <br />reviewed by the Division in the same manner as applications for new permits and require a fee of <br />$2,229.00. Please instruct the Division if you would like the $216.00 Technical Revision application fee <br />returned, or applied to the cost of the Permit Amendment. In doing so, Clark Mining Services, LLC. <br />will need to formally withdraw the request for the Technical Revision. The withdraw notice must be <br />received by the Division prior to the Division's decision due date of August 18, 2007. If the notice is <br />not received by this date, the Division will deny the application. <br />If you have any questions, please do not hesitate to call me at 303-866-4943. <br />Si e~ly, ) <br />~.1.~'1' <br />Erica Cros y <br />Environmental Protection Specialist <br />cc: Carl Mount; DRMS <br />Office of Office of <br />ruined Land Reclamatbn Denver • Grand IImr.Tlon . Duranm Arsiv> anA Innrtiw Minac <br />