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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 />July 17, 2008 <br />Ryan Ellis <br />Greg Lewicki & Associates <br />11541 Warrington Court <br />Parker, CO 80138 <br />EVE <br />JJUL 212003 <br />Division of Rccl-amafion, <br />Mining and Safety <br />VIA FACSIMILE (303) 346-6934 and US MAIL <br />RE: Adequacy Issues fora 110 Application, <br />Pinion Ridge Pit; File No. M-2008-043:` <br />Dear Mr. Ellis: <br />COLORADO <br />D IV IS I ON OF <br />RECLAMATION <br />MINING <br />SAT Y <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 10, 2008, the Colorado Division of Reclamation, Mining and Safety (the Division or <br />DRMS) determined the 110 permit application for the Pinion Ridge Pit (the Application) to be <br />complete for the purposes of filing. Pursuant to Rule 1.4.6(1) of the Mineral Rules and <br />Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction <br />Materials (Rule), the 30-day decision deadline for the Application is August 9, 2008. The <br />Application was thorough and concise. However, please be advised that the Application may be <br />deemed inadequate and may be denied on August 9, 2008 unless the following adequacy <br />review items can be addressed to the satisfaction of the Division. <br />Pursuant to Rule 1.6.2(2), please ensure that.copy'of your response to these adequacy issues <br />and/or any revisions to the Application are placed at the office of the Montrose County Clerk or <br />Recorder and retained there and available for inspection until final agency action for this <br />Application has occurred. <br />Adequacy Issues <br />1. Pursuant to Rule 1.4.2(3), please submit proof of notice for the public notices <br />required under Rules 1.6.2(1)(d) and (e). <br />2. The reclamation seed mix, listed under paragraph 5 of Exhibit D of the Application, <br />includes Forage kochia. According to Weeds of the West, published by The Western <br />Society of Weed Science in cooperation with the Western United States Land Grant <br />Universities Cooperative Extension Services, 5th Edition,_ 1996, Kochia scop'aria can be <br />toxic to livestock due to elevated nitrate concentrations, and therefore, provides less than <br />optimum forage for the selected post-mining land use. Please delete Kochia from the <br />reclamation seed mix and consider adding a species more suitable for a rangeland <br />vegetative cover, such as Winterfat or Rabbitbrush. <br />Office of <br />Office of <br />C;ranrl hinrtinn . rlnranun Artiva anti Inartiva Minac