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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 />ECE N( <br />COLORADO <br />D I V I S I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />JUL 18 2008 <br />July 11, 2008 <br />Naomi Riess <br />Riess Research & Planning <br />1480 East 2nd Avenue, # 8 <br />Durango, CO 81301 <br />Division of Reclamation, <br />Mining and 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: Incomplete Application`for the Purposes of Filing, <br />Application fora Limited Impact 110 Construction Materials Reclamation Permit, <br />Fork Horn Mesa Subdivision; File No. M-2008-044. <br />Dear Ms. Riess: <br />On June 26, 2008, the Colorado Division of Reclamation, Mining and Safety (the Division) received the <br />above referenced application. Several pieces of information required by the Colorado Land Reclamation <br />Act for the Extraction of Construction Materials, 34-32.5-101 et seq., C.R.S. (the Act), and the Mineral <br />Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction <br />Materials (the Rules), appear to be absent. Therefore, pursuant to Rule 1.4.2 the Division has <br />determined the application to be incomplete for the purposes of filing. The application will not be <br />considered complete for the purposes of filing until the application includes the following items: <br />1. Please note that Limited Impact 110 type permits are limited to a maximum affected area of <br />9.9 acres. Therefore, please correct the acreage figure on page one of the application form, <br />indicating 84.25 acres, or submit the application as a Regular 112 type permit. Regular 112 <br />type permits are appropriate for operations that. affect land areas in excess of 9.9 acres. <br />2. Pursuant to Rule 1.4.1(6), in addition to submitting an appropriately completed application <br />form, the Operator shall submit all applicable Exhibits specified in Rule 6 for the appropriate <br />type of operation. Therefore, please review Rule 6 and ensure that all Exhibits satisfy the <br />general requirements of Rule 6.2. Please ensure that the area which corresponds with the <br />application is identified and outlined on all maps. If the operation will affect 9.9 acres or less, <br />please submit the information required by Rule 6.3. If the operation will affect more than 9.9 <br />acres, as indicated on the existing application form, please submit the information required by <br />Rule 6.4. Please ensure that the.application demonstrates compliance with the reclamation <br />performance standards of Rule 3.1. <br />Copy of the Act and Rules, as well as application forms, are available on request or from the Division's <br />web site at www.mining.state.co.us. <br />Please contact me at the Division's office in Durango at 691 County Road 233, Suite A-2, Durango, CO <br />81301, phone (970) 247-5469, if you have any questions. <br />Sincer <br />?e <br />? <br />Wallace H. Erickson <br />Environmental Protection Specialist <br />cc: Tony Waldron <br />Office of Office of <br />Minari I and Rr rlamatinn Danvar • Grand function • Duraneo Activa and Inactiva Mina,;