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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 I V I S I ON O F <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />February 20th, 2009 '-"-, <br />Connell Resources, Inc. c/1 <br />Attention: Tracey Trybom <br />7785 Highland Meadows Parkway, Suite 100 <br />Fort Collins, CO 80528-8988 <br />tf- f <br />RE: Wellington Downs Pit, DRMS File# M-1995-035. <br />Dear Ms. Trybom, <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />Release Request Denial <br />On January 23rd, 2009 the Division received your letter requesting the reconsideration of <br />the Divisions decision for the denial of the full site release request for the Wellington <br />Downs Pit, DRMS File# M-1995-035. However, the release denial decision still stands. <br />In the case of the "lagged stream depletions" issue, it seems that Connell Resources is <br />taking the proper steps to address the Division of Water Resources concerns. In order to <br />release this site, the operator will need to submit evidence that all of the Division of <br />Water Resources concerns have been addressed. This should be a letter from the <br />Division of Water Resources stating that all "lagged stream depletions" have been <br />accounted for and that they approve the full site release. <br />In regards to the Russian olive trees, the operator is responsible for the control and <br />management of weed species found within the entire permit area. In July of 2008, <br />Connell Resources submitted a Technical Revision to the Division that incorporated a <br />weed management plan into the approved mining and reclamation plan. This plan <br />outlines specific control measures that can be used for various noxious weed species <br />including Russian olive trees. On page four of the Technical Revision it states, "this plan <br />was formulated and by implementing one or more of the above applications, weeds can <br />be managed and reduced in the Wellington Downs Pit permit area." Overall, there is a <br />weed management plan in place for this site; it will need to be implemented. <br />The metal tank/refuse issue was also mentioned in your letter. Per our conversations, it <br />seems that this material is the property of the landowner. If the landowner would like to <br />leave this material on the site after the site is release, please submit a notarized letter from <br />the landowner stating such. However, if the landowner wants to store more material on <br />Office of Office of <br />Mined I -and Rerlamation Denver • Grand lunrtinn 9 Durango ArtiVe and Inartive Mines