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~~C, c ~r~ s/l~I~ <br />STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />7373 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8706 <br />November 8, 2006 d <br />Mr. Harry Covey ~/ <br />479 County Road 83 <br />Boulder, CO 80302 <br />// <br />RE:Phil Sheridan Lode; Petmit No. M-1988-081 ;/ J <br />Comstock Mining & Refining.; SO-03 and Response to Financial Warranty Increase <br />Dear Mr. Covey, <br />COLORADO <br />DIVISION OF <br />RECLAMATION <br />MINING <br />-&- <br />SAF ETY <br />Bill Owens <br />Govemor <br />Russell George <br />Executive Director <br />Ronald W. Canany <br />Division Director <br />Natural Resource Trustee <br />The Division received your letter on November 7, 2006 requesting an appeal of the bond estimate performed as <br />a result of the October 2, 2006 inspection of the Phil Sheridan Lode. As a result of that inspection, the <br />Division did reduce the bond from $8,365.00 to $6,700.00 by reducing the area to reseed. Jn the inspection <br />report the Division listed a number of ways for the operator to further reduce the bond. These measures <br />include; <br />Instaliing a covered locking device over the shaft to prevent vandals from cutting the lock. Proof <br />of this installation must be documented to the Division prior to reducing the bond amount, and <br />Revising the reclamation plan to leave structures on site (the wood shed and the framing near the <br />shaft). The site is currently approved to be reclaimed to residential, so stmctures that conform to this <br />use (and constructed and built to County code) may remain on site. However, a revision to the petTtdt <br />must be filed to retain such structures. The revision must be filed by Comstock Mining & Refining or <br />another entity with the authorization to do so by Comstock Mining & Refining. <br />Please be awaze that the Division is required to estimate a cost based on the approved reclamation plan. The <br />Division understands your position, but the bond must reflect what has been approved by the Division. Once <br />the above mentioned items have been completed and submitted to the Division, the bond estimate maybe <br />further reduced. <br />In regazd to your request to credit the bond with the existing bond in the amount of $1,718.41, the Division is <br />not able fo apply the existing bond to the transfer of the permit unless Comstock Mining & Refning agrees to <br />transfer the money. The Division would require a notarized agreement between Comstock Mining & Refining <br />and Harry Covey agreeing that the bond money would now belong to Harry Covey. Or Comstock Mining and <br />Refining could agree to post the bond as a third party. Attached is the Third Party Form. Without the <br />agreement between Comstock Mining & Refining and yourself, the bond must be returned to the person or <br />entity that submitted the bond. You should also be awaze that funds were written off by US Bank to state <br />unclaimed properties. The Division is in the process of collecting the money from unclaimed properties. <br />If you have any further questions please contact me at (303) 866-4943. <br />Sl e ly, <br />Erica S. rtisb <br />)/ <br />Environmental Protectio <br />ca Cazl Mount; DRMS <br />Suzi Ericksen; DRMS <br />Rocky Connor; Comstock Mining & Refining <br />Office of Office of <br />Mined Land Reclamation Active and Inactive Mines <br />