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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 />COLORADO <br />D IV IS I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />July 14, 2008 Bill Ritter, Jr. <br />Governor <br />Harris <br />To: All Concerned Parties D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />From: the Division of Reclamation, Mining and Safety Division Director <br />Natural Resource Trustee <br />Re: Rationale for Approval Recommendation, Regular 112 Construction Materials Application, 4-B <br />Land and Livestock, LLC., Breeze Basin Sand and Gravel Pit Application No. M-2008-022. <br />Introduction <br />On July 14, 2008 The Division of Reclamation Mining and Safety (DRMS) issued its recommendation for <br />approval of the Breeze Basin Sand and Gravel Pit application over an objection. This document is <br />intended to explain the process by which DRMS arrived at its approval recommendation over the <br />objection. <br />The application for the Breeze Basin Sand and Gravel Pit was filed with DRMS on April 15, 2008. The <br />Decision Date was set by per Rule 1.4.8 for July 14, 2008. Per Rule 1.7.1(2)(a) a timely objection was <br />received. Therefore per Rule 1.4.9 the Division is issuing this recommendation for approval on the 90th <br />day and has scheduled the matter for a final decision on August 13, 2008 prior to the 120th day as <br />required. The Pre-Hearing Conference will occur on July 22, 2008 in Craig, Colorado. Mr. Daniel <br />Hernandez will preside as Pre-Hearing Officer. <br />The application proposes a surface sand / gravel extraction and materials processing operation, located on <br />62 acres, 4.5 miles east southeast of Craig, Colorado in Section 3, Township 6 north, Range 60 west of <br />the 6th Principal Meridian. The current land use is cropland and general agriculture. <br />The site will be primarily restored to a developed water resource with wildlife and pasturelands per the <br />reclamation proposed for post mine land use. Lake slopes will be re-vegetated with a wetlands seed mix, <br />willows and cottonwoods. Shoulder and flat areas will be restored to pastureland. <br />Comments Received <br />The public comment period for the application closed on June 16, 2008. The actual period should have <br />closed on June 9, 2008 but the Public Notice incorrectly noted the 16th. Therefore staff would have <br />accepted comments through the latest date noted in the publication. During the public comment period, <br />DRMS received written comments from the following: <br />Conditions for Approval from Division of Water Resources, dated 5/13/08, DRMS <br />received 5/13/08. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines