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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 />C O L O RA D O <br />D IV IS I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />May 27, 2008 Bill Ritter, Jr <br />Governor <br />Riess Research and Planning Harris D. Sherman <br />Executive Director <br />Attn: Naomi Riess <br />Ronald <br />1480 East Second Ave., Suite 8 w. castr' <br />Division Director <br />Durango, CO 81301 Natural Resource Trustee <br />RE: Need for State Reclamation Permit; DRMS File # M-2007-077 <br />Dear Ms. Reiss: <br />Our office received your completed Need for a State Reclamation Permit Questionnaire on March <br />21, 2007. Your response indicated that the major activity associated with this proposed <br />excavation will be to prepare a level area for drilling a natural gas well. According to your <br />response, the excess material generated through this process will be used to build up roads and <br />provide road base on the same parcel of property where the well is located. As we discussed <br />minor excavation and use of materials on one's own property are typically exempt from the need <br />to obtain a reclamation permit. However, hauling material off of the same parcel where it was <br />mined might require obtaining a permit Based on the information contained in your response <br />(and relayed to you via phone on April 240', 2008), it is the Division's opinion that you will not <br />need to apply for a Construction Materials Reclamation Permit in order to conduct the proposed <br />activity as long as the material is not exported off-site. <br />Please be advised that this opinion is being offered based on the information provided in your <br />response. Any significant deviation from the described activity could result in a review and <br />possible reversal of this opinion. The Mined Land Reclamation Board has requested that the <br />Division make determinations as to the need for a Mined Land Reclamation Permit. If you have <br />any concerns or disagree with this decision, you may petition to appear before the Board during a <br />formal public hearing for a formal Declaratory Order concerning this matter. This request must <br />be made in writing and be received no later than 10 days prior to the hearing. The next meeting <br />will be June 11-12, 2008. <br />If you have any questions, please contact me at (303) 8664926. <br />S' Fe e, <br />5? <br />Anthony Y."Waldron <br />Senior Environmental Protection Specialist <br />Office of <br />Office of Active and Inactive Mines <br />Minted Land Reclamation Denver Grand Junction Durango