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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 />June 5, 2008 <br />Mr. Tim Kunau <br />23945 Lucky Lane <br />Calhan, CO 80808 <br />COLORADO <br />D IV IS I ON OF <br />RECLAMATION <br />MINING <br />- St - <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />RE: Need for State Reclamation Permit for Tim Kunau; DRMS File M-2008-025 <br />Dear Mr. Kunau: <br />The Division of Reclamation, Mining & Safety received your completed "Need for a <br />State Reclamation Permit" questionnaire on May 19, 2008. Based on the information <br />contained in the response, it is the Division's opinion that you will be required to obtain a <br />reclamation permit from the Mined Land Reclamation Board in order to legally conduct <br />the proposed activities as outlined in your response. Specifically, it is your intention to <br />excavate a substantial amount of material which will be hauled off-site. In addition, this <br />project is not subject to any other government review and permitting that would ensure a <br />beneficial use of the site affected by the processing and removal of this material. <br />If you disagree with our decision, you may petition the Mined Land Reclamation Board <br />for a Declaratory Order to exempt you from the need to obtain a reclamation permit. <br />This request must be made in writing and be received no later than 10 days prior to a <br />regularly scheduled board meeting. The next available meeting will be June 11, 2008. <br />Please reference the file number for any future correspondence and please use this <br />number as you proceed through the permitting process. A copy of our rules and <br />regulations and all the necessary forms are available on our website at <br />http://www.mining.state.co.us/. If you have any questions, please contact me at (303) <br />866-4926. Otherwise, we look forward to working with you during the permitting <br />process. <br />Sincerely, <br />N) ) ?-) k%t-, <br />Anthony J. Waldron <br />Senior Environmental Protection Specialist <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines