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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 C O L O R A D O <br />Phone: (303) 866-3567 D I V I S I O N o f <br />FAX: (303) 832-8106 RECLAMATION <br />MINING <br />SAFETY <br />July 24, 2008 `' Bill Ritter, Jr <br />Governor <br />Harris D. Sherman <br />Tim Scanlon Executive Director <br />TMS Consulting Ronald W. Cattany <br />Division Director <br />P.O. Box 53 Natural Resource Trustee <br />Saguache, Colorado 81149 <br />Re: Breeze Basin Sand and Gravel Pit, 112c Application N ? ? <br />.I permit o. M-2008-022, Approval. <br />Dear Mr. Scanlon, <br />On July 22, 2008 the Division of Reclamation Mining and Safety (DRMS) received a Party Withdrawal <br />Form from the Deep Cut Ditch Company regarding their objection to the above referenced permit <br />application. With the withdrawal of the only objector a formal public hearing is not required and DRMS <br />staff may finish the permit application review process. Staff has received 4-13 Land and Livestock's <br />acceptance of the estimated reclamation liability estimate. With the acceptance of the estimate all issues <br />appear to have been addressed to meet the minimum requirements of the Act and Rules. Therefore staff <br />is pleased to inform TMS and 4-13 Land and Livestock that the Breeze Basin Sand and Gravel Pit is <br />approved. <br />In order for the permit to become active a properly executed Financial and Performance Warranty must <br />be accepted by the Division. Please submit a financial warranty in the amount of $41,321.00 and the <br />performance warranty to the Division's Administrative Assistant Elizabeth Taliaferro in the Denver <br />Office. Any questions regarding the warranties should be directed to Elizabeth at 303-866-4084. <br />Please note that no disturbance may begin until all other applicable federal, state and local permits have <br />been issued. Any changes required by the Army Corp of Engineers should be forwarded to the Division <br />for review and may require a Technical Revision to approved permit plans. <br />If you need additional information, please contact me at the Division of Reclamation, Mining and <br />Safety, Grand Junction Field Office, 101 S. 3rd St., Suite 301, Grand Junction, Colorado 81501, <br />telephone no. 970.241.1117. <br />Sincerely, <br />G. Russell Means <br />Environmental Protection Specialist II <br />Office of <br />Mined Land Reclamation Office <br />Denver Grand Junction Durango Active and Inactive Mines <br />h.