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m~ g 9 a o (-15 <br /> RffsPDN£rB Gant <br /> STATE OF COLORADO <br /> <br />(~ DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman 5t., Room 27 5 C O L D RA D O <br />Denver, Colorndo 80203 D I V l 5 1 0 N O F <br />MIN <br />RA L S <br />Phone; (303J 8663567 6 <br />fAX: (303) 832-8706 G E O L O G Y <br /> R£CLAMATION•MI NING <br />SAEETY•SCIENCE <br />September 20, 2005 <br />Bill Owens <br />Governor <br />Mr. Jim Van Ella and Mrs. Deanna Van Ella Russell George <br />P.O. BOX 2221 Executive DireROr <br />Granite, Colorado 81228 Ronald W. Cattany <br />Division Director <br />RE: Response to your letter dated September 9, 2005 Natural Resource Trustee <br />Dear Mr. and Mrs. V an Ella <br />Question #1: <br />I believe most of this question was addressed in my most recent correspondence to you. We may <br />discuss it further upon my visit to your site. (When Mr. Mount returns to the Office we will <br />make arrangements with you to visit your site.) However, I would like to restate that when we <br />visit the site, you might, if you so choose, reset the permit boundary stakes such that the total <br />acreage does not exceed the permitted 3.0 acres. (You state 2.8 in your September 9, 2005 letter, <br />however our files indicate you are approved for 3.0 acres.) Mr. Mount will have a GPS unit with <br />us that will allow the determination as to when we reach 3.0 acres. (We will agree that that level <br />of precision is sufficient for the 3.0 acres determination.) Given the extensive disturbance at the <br />site caused by otl3ers and no real documentation on the limits of that disturbance, we will depend <br />on you to delineate for us what your mining related disturbance is. As an alternative, you may <br />agree to use the GPS information that Mr. Mount obtained at the August 23, 2005 inspection. <br />Please be aware that the Mined Land Reclamation act does require that you be responsible for <br />any previously disturbed areas that you re-affect. I also understand that there are roads at the site <br />that you do not wish to be responsible for and that you use. The Mined Land Reclamation Act <br />says that if you significantly up-grade a previously existing road, it shall be part of the permitted <br />area and you are responsible for its reclamation. However, since you own the property upon <br />which you are mining, if you provide us a letter and a map that identifies the roads you wish left <br />for use as a landowner, once mining and reclamation are complete, those acres of roads maybe <br />deleted from your affected area. The road map included in the incomplete amendment <br />application maybe used for this purpose if you so choose. <br />We cannot approve additional acres of affected area over and above the 3.0 acres unless you file <br />an amended application. The Mined Land Reclamation Act prevents us from granting approval <br />unless you successfully complete the amendment application process and post additional <br />reclamation bond for the additional disturbance related to additional mining activity if additional <br />bond is needed. As I indicated in my previous letter, we will be more than happy to waive the <br />amendment application fee if that is helpful to you. <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />