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/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 />COLORADO <br />DIVISION O F <br />RECLAMATION <br />MINING <br />-&- <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />~ebruary 22, 2005 <br />^~, Steve O'Brian <br />~7 Environment, Inc <br />7985 Vance Dr. #205A <br />Arvada, CO 80003 <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />Re: Red Dirt Pit, File No. M-2008-008, Receipt of 110 Construction Materials Reclamation Permit Application <br />Package <br />Dear Mr. O'Brian: <br />On February 12, 2008 the Division of Reclamation, Mining and Safety received your 110 Construction Materials <br />Reclamation Permit Application package for the Red Dirt Pit, File No. M-2008-008. Preliminary review of the <br />information received determined that the following items must be received before the Division can consider your <br />application as being submitted and technical review can begin: <br />APPLICATION FORM: The Location information and Primary Mine Entrance Location indicated on Page 3 <br />of the application form does not match the legal description of the affected land and the entrance location <br />indicated on Exhibit A and Exhibit E. Please provide consistent location information and main entrance <br />information for the Red Dirt Pit. <br />EXHIBIT G -Source of Leal Ri>aht-to-Enter (Rule 6 3 'n• Provide a description of the basis for legal right <br />of entry to the site and to conduct mining and reclamation, for the Owners of Record described in <br />Subparagraph 1.6.2(1)(e)(i). This may be a copy of access lease, deed, abstract of title, or a current tax receipt. A <br />signed statement by the Landowner and acknowledged by a Notary Public stating that the Operator/Applicant has <br />legal right to enter and mine is also acceptable. <br />1. The Division does not consider the Forest Service permit with Grand County R&B as sufficient proof <br />to demonstrate adequate legal right of entry. The following item or a signed statement by the <br />Landowner and acknowledged by a Notary Public stating that the Applicant has legal right to enter <br />and mine are required to resolve this issue: <br />• The Purchaser is listed as Grand County R&B instead of Grand County Department of Road and <br />Bridges as indicated on the application. Please indicate a clear line of legal right to enter from <br />the USFS to Grand County Department of Road and Bridges to allow that entity legal right to <br />enter and mine the material. <br />Office of Office of <br />Mined Land Reclamation Denver Grand Junction Durango Active and Inactive Mines <br />STATE OF COLORADO <br />