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~>n 1~ ~ cry ~~ <br />RECEIVED <br />I-'~f1V ~ 4 7n06 <br />November 3, 2006 <br />Mr. Tony Waldron <br />State of Colorado <br />Department of Natural Resources <br />Division of Reclamation Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Re: Dahlia North esources Pit (Broda Inert Fill) <br />DMG Case #~-94-093 <br />~hdraw 112 Permit for Broda Pit <br />Dear Mr. Waldron: <br />GD, <br />~^AGGREGATE <br />INDUSTRIES <br />This letter is a request to withdraw the Broda Pit Inert Fill portion of the Dahlia North Resources <br />Pit DMG Case # M-94-093 under section 1.12 of the Division of Mining and Geology (DMG) <br />regulations for the Extraction of Construction Materials. The Broda Inert Fill property has <br />received an inert fill permit from Commerce City with a recommendation of approval from the <br />Colorado Department of Public Health and Environment (CDPHE). The inert fill permit includes <br />a revegitation plan very similar to the one provided in the DMG permit and is assured with a <br />Financial Assurance plan completed under the regulation pertaining to Solid Waste Disposal Sites <br />and Facilities (6 CCR 1007-2). <br />This request is for succession of the Broda Pit acreage from the Aggregate Industries mining <br />permit. The basis of the succession request is that the Broda Inert Fill license from the City of <br />Commerce City includes sufficiently similaz conditions to the mining permit. <br />Aggregate industries sold this property to Mr. Patrick Broda in 2002. Mr. Broda met with <br />CDPHE and with the City of Commerce City in July -August 2002 to discuss obtaining the inert <br />fill permit. CDPHE completed a review of the application and submitted a letter recommending <br />approval to the City of Commerce dated Apri19, 2003. The Commerce City Board of <br />Adjustments heard the case April 15, 2003 and provided a conditional approval letter dated April <br />18, 2003. The conditions were completed and a response from Molen & Associates, LLC, <br />Broda's consultant, dated April 21, 2003. The Apri121, 2003 letter included a copy of the <br />reclamation plan. The City License to operate the inert fill was issued on May 13, 2003. Copies <br />of all the referenced letters aze attached. <br />Aggregate Industries <br />West Central Region, Inc. <br />1707 Cole Blvd., Suite 100 <br />Golden, CO 80401 <br />~n Division of Reclamation, <br />Mining and Safety <br />Telephone:303-985-1070 An Equal Opportunity Employer <br />