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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 />April 29, 2008f <br />RECEIVED <br /> <br />COLORADO <br />D IV IS I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />JUN 0 3 2000 <br />Bill Ritter, Jr. <br />Governor <br />Henry M. Carter <br />Nuvemco, LLC ? Division of Reclamation, Harris D. Sherman <br />10771 3200 Road mining and Safety Executive Director <br />Hotchkiss, Colorado 81419 Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee / <br />Re: Last Chance Mine, Application File No. M-2008-012, 110(2) Hard Rock/Metal Mining Reclamation Permit, Change ? <br />In Mine Permit Classification. <br />Dear Mr. Carter: <br />On May 20, 2008 Governor Bill Ritter signed into law House Bill 1161. While the primary focus of the bill was to address in-situ <br />uranium mining it also defined all uranium mining as Designated Mining Operations (DMO). The law went into effect with the <br />Governor's signature. There are no provisions for grandfathering of existing pen-nits or those under review. <br />Therefore based on the change in the law, the Division of Reclamation, Mining and Safety (DRMS) must request that Nuvemco, LLC. <br />submit an amendment to its application for the Last Chance Mine referenced above. The amendment must change the permit <br />application from a 110(2) to a I I0(d) and address all the pertinent rules for a DMO site. In particular, Rule 6.4.20 Exhibit T and Rule <br />7 must be submitted with all the require data and documentation. <br />In addition, the fee for a 110d is $2,875.00. Because this application is already under review, DRMS is requesting only the difference <br />in fees between the 110(2) and a 110d amendment which is $1,869.00. The additional fee increase of $1,869.00 must accompany the <br />amendment. <br />Rule 1.8.1(1) requires the filing of the amendment with the County Clerk and 1. 8.1(2) requires proof of such filing be provided to the <br />Division within 5 working days. Per Rule 1.8.1(3), an amendment shall constitute a new filing for the sole purpose of determining date <br />of consideration of the application and the deadline for a decision on the application. Therefore, the extended decision date for this <br />application of June 15, 2008 is now null and void. Please submit a written request to extend the decision date that gives Nuvemco time <br />to submit the required amendment. A new decision date will be established once the amendment is submitted and accepted by the <br />Division. <br />Staff is aware that Nuvemco is contemplating filing amendments for two other permitted sites. Please be aware that the change in law <br />also affects them as well. Any amendments to these sites will require the conversion of the permits from 110(2) to a 110d with the <br />required exhibits and fees. <br />If you need additional information, please contact me at the Division of Reclamation, Mining and Safety, Grand Junction Field <br />Office, 101 S. 3rd St., Suite 301, Grand Junction, Colorado 81501, telephone no. 970.241.1117. <br />Sincerely, <br />G. Russell Means <br />Environmental Protection Specialist II <br />Cc: Teresa Pfifer, BLM Uncompahgre Field Office <br />Cc: David Berry, Minerals Program Supervisor (e-mail) <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines