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April 6, 2009 Pro nstruction company 2 <br />Jared Ebert <br />Division of Reclamation, Mining and Safety j <br />Room 215 <br />1313 Sherman Street <br />Denver, CO 80203 <br />RE: Request for release of certain lands at Coal Creek Sand Resource <br />Permit M-1988-044 <br />Dear Mr. Ebert: <br />Schmidt Construction Company, the permittee, does respectfully request consideration of <br />a bond release on certain lands at this sand mining operation in Arapahoe County. Most <br />specifically, the release request includes land currently bonded that has not been disturbed and <br />will not be disturbed in the future. This includes approximately 50 acres of land in scattered <br />parcels in the Upland Mining portion of the pre-amendment 3 permit lands. No land included in <br />the Amendment 3 addition is included in this request because no land has been disturbed in that <br />area. Significant portions of the pre-amendment 3 Upland Mining area remain in various stages <br />of reclamation ranging from rough grading to seeded as well as the processing plant and current <br />mining pits. None of those lands are included in this request for release. <br />This release request is the first step in completing a total bonding re-analysis recently <br />agreed to. Prior to recalculating the bond for the remaining affected land in the pre-amendment 3 <br />permit area as well as the amendment 3 lands, it is necessary to determine exactly what lands in <br />the pre-amendment permit area need to be included in the bond recalculation. Clearly land that <br />has not been disturbed and will not be disturbed need not be included in the new bond. The <br />purpose of the recalculation is to simplify the current confusion regarding affected land acres <br />with regard to the recently submitted TR 04 that limits disturbance in the amendment 3 area to <br />300 specified and mapped acres, as per prior agreements with the State Land Board and <br />Arapahoe County. <br />Thank you for your consideration. <br />Sincerely, <br />Scott Davis <br />cc: Mark Heifner <br />2635 Delta Drive • Colorado Springs, CO 80910 • (719) 392-4207 • FAX (719) 392-4245 <br />AN EQUAL OPPORTUNITY EMPLOYER