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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: (303) 866-3567 <br />FAX: (303) 832-8106 / <br />August 11, 2006 / <br />Parties [o the Benson Brothers Red Shale Pit Application Process <br />Addresses as indicated on the Certificate of Service <br />RECEIVED <br />and <br />~ AUG 14 2006 <br />Mr. Michael L. Ripp °~ QA~ttS <br />Division of Reclamation, <br />MVR Resources, Inc. Mining and Safety <br />P. O. Box 54 <br />Delta, Colorado 81416 <br />RE: Benson Brothers Red Shale Pit, File. M-2005-071, Notice of Formal Public(Hearing [o <br />Consider a Motion for Clarification f the Condition Placed on the Application Approval <br />Dear Parties and Mr. Ripp: <br />COLORADO <br />DIVISION OF <br />RECLAMATION <br />MINING <br />- &- <br />SAFETY <br />Bill Owens <br />Governor <br />Russell George <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />The Division of Reclamation, Mining and Safety (formerly the Division of Minerals and Geology) received your July <br />10, 2006 Motion for Clarification (copy enclosed) of the Board Order approving with conditions the Benson Brothers <br />Red Shale Pit application, File No. M-2005-071. <br />The Motion for Clarification will be considered by the Mined Land Reclamation Board during a Formal Public <br />Hearing scheduled for September 13-14, 2006 at 1313 Sherman Street, Room 318, Denver, Colorado, beginning aC <br />9:30 A.M., or as soon thereafter as the matter can be considered. <br />Following the hearing, all parties have an opportunity to review and comment on a draft of the Board's order before it <br />becomes final. If you wish to do so, you must provide the Board with a written request to review the draft order prior <br />to or at the time of your hearing, or you must inform the Board orally during the hearing that you request to review the <br />draft order. You must include your mailing address and, if possible, a fax or email address. You will be provided a <br />copy of the draft order for your review as soon as i[ is available. The Board must receive your comments on the drafr <br />order within ten (10) calendar days of the date the draft order is mailed, unless that deadline is extended. Please note <br />that the Division of Reclamation, Minin¢ and Safety has requested and will be allowed to review and comment on the <br />draft Board Order prior to mailing to any party. Submit all comments in writing to Mr. Tyson Powell, Assistant <br />Attorney General, 1525 Sherman Street, 5'" Floor, Denver, Colorado 80203, or FAX #(303) 866-5395. The Board will <br />resolve any issues regarding the form and substance of the order. This process does not affect your right to request <br />reconsideration by the Board or appeal the form or substance of [he order. <br />[f 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, phone no. 970-243-6368. <br />Sincerely, <br />Steve S. uey <br />Environmental Protection Specialist <br />Enclosure <br />Cc w/enclosure: see Certificate of Service mailing list <br />Office of Office of <br />Mined Land Reclamation Active and Inactive Mines <br />