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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <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 />February 7, 2006 <br />Mr. Michael L. Ripp <br />MVR Resources, Inc./ <br />P. O. Box 54 <br />Delta, Colorado 81416 <br />(COLORADO <br />DIVISION OF <br />MINERALS <br /> i <br />CEIVED o G Y <br />c E o <br />RE RECLAMATION•MINING <br /> SAFETY•SCIENGE <br /> Bill Owens <br /> Governor <br />Oilli8i0a of MIIIIlfBh end BoBlopy Russell Ceorge <br /> Executive Director <br /> Ronald W. Catlany <br /> Division Oinxtnr <br /> Natural Resource Trustee <br />RE: Benson Brothers Red Shale Pit, File No. M-2005-071, New Application Preliminary Adequacy Review <br />Dear Mr. Ripp: <br />DMG has completed the preliminary adequacy review of your application fora 1 12c Regular Operation <br />Reclamation Permit for the Benson Brothers Red Shale Pit. You are to be commended for the thorough, <br />clear and concise application package. However, the application cannot be approved until the following <br />few issues are adequately addressed. Please submit a response to the following issues as soon as <br />possible, but no later than February 17, 2006 so the decision due date set for February 28, 2006 can be <br />met. If your response, or a written request for extension of the decision date, are not received by February <br />17, 2006 this application may be denied. <br />ADEQUACY ISSUES <br />Please submit documentation of publication and mailing of public notices as required by Rule <br />1.6.2(1)(d), (el, and (gl. <br />Exhibit A - Leoal Description <br />2. Please revise the specified bearing S 78°44'00"E for 745.83 feet, to S 78°44'00"W for 745.83 feet. <br />Exhibit C -Mining Plan Map <br />3. Please identify the proposed affected area and associated acreage on this map. Please ensure the <br />proposed permit area, affected area, and excavation area are easily differentiated on the map. <br />Please include all areas that may potentially be affected. <br />4. Per Rule 6.4.3(g) please show the owners of all structures located on or within 200 feet of the <br />proposed affected area. <br />5. Approximately 250 feet of the proposed mine access road appears to be located outside the <br />proposed permit boundary. Please either revise the road location so that it lies within the permit <br />boundary, or submit an amendment to the application revising the proposed permit boundary to <br />include the entire length of the currently proposed access road. An amendment to the application, <br />per Rule 1.8, will constitute a new filing for purposes of determining the date of consideration per <br />Rule 1.8.1(3) and will require new notice to the public, per rule 1.6.6. <br />Office of OH"ice of Colorado <br />Mined Land Reclamation Active and Inattive Mines Geological Survev <br />