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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) -81067 <br />FAX: (303) 8322-8106 <br />JUL 18 2008 <br />July 16, 2008 Division 01 E-,ectairnation, <br />Mining and Safety <br />Ryan Ellis <br />Greg Lewicki & Associates <br />11541 Warrington Court <br />Parker, CO 80138 <br />RE: Comment from Montrose County to a 11afYApplication, <br />Pinion Ridge Pit, File No. M-2008-043. <br />Dear Mr. Ellis: <br />COLORADO <br />D I V I S I O N O F <br />RECLAMATION <br />MINING <br />SA ETY <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 />On July 7, 2008, the Colorado Division of Reclamation, Mining and Safety (the Division or <br />DRMS) received comment to the Pinion Ridge Pit application from Montrose County. Copy of <br />the comment from Montrose County, dated July 1, 2008, is enclosed for your records. <br />Pursuant to Sections 34-32.5-109(3) and 34-32.5-115(4)(d) of the Colorado Land Reclamation <br />Act for the Extraction of Construction Materials, 34-32.5-101 et seq., C.R.S. (the Act), the <br />Operator is responsible for assuring that the mining operation comply with county and county <br />land use regulations, and the Division cannot approve any application which is contrary to the <br />laws or regulations of local permits, licenses, and approvals, as applicable to the specific <br />operation. Copy of the Construction Materials Act and Rules are available at the Division's web <br />site at www.mining.state.co.us. <br />Therefore, please inform the Division how the Applicant intends to comply with the requirements <br />identified by Montrose County in their July 1 st correspondence. <br />Please contact me at the Division's office in Durango at 691 County Road 233, Suite A-2, <br />Durango, CO 81301, phone (970) 247-5469, if you have any questions. Please note the change <br />in address for the Division's office in Durango. <br />Si er y, <br />Wallace H. En?. son <br />Environmental Protection Specialist <br />Enclosure: Comment from Montrose County, dated July 1, 2008 <br />cc: Brian Wilson, Montrose County Engineer <br />Tony Waldron, DRMS <br />Office of Office of <br />&Ainarl I and Rarlamatinn Denver - Grand lunction - Duraneo Active and Inactive Mines