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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 CE Z-D <br />April 22, 2009' APR 2 7 2009 <br />Divisiotl of RecUmatio?,, <br />Darin Stone MP,;ng and Safety <br />McStone Aggregates <br />P.O. Box 483 <br />Cortez, CO 81321-0484 <br />VIA FACSIMILE (970) 565-0276 and US Mail <br />RE: Review of Reclamation Cost Estimation,- <br />Mud Creek Pit, Permit No. M-2008-010: <br />Dear Mr. Stone: <br />COLORADO <br />D I V I S ION OF <br />RECLAMATION <br />MINING <br />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 />On June 11, 2008, the Division approved your application for the Mud Creek Pit and set <br />financial warranty at $114,864. The amount of financial warranty set by the Division was <br />based on a reclamation cost estimation generated by the Division and totaling $114,864. On <br />February 25, 2009, the Division received your request for review of the reclamation cost <br />estimation. The request for review was prepared by Nathan Barton and dated February 23, <br />2009. <br />Pursuant to your request, the Division has re-evaluated the cost of reclamation at $51,293. <br />Please find enclosed 18 pages of summary, work sheets and data sheets utilized by the <br />Division to determine the cost of reclamation. This new cost estimation is limited to <br />reclamation liabilities associated with the first year of operations. Specifically, this estimation <br />addresses reclamation of 13.3 acres affected lands, as indicated on page 15, Table D-7-3, of <br />the application. This new cost estimation differs substantially from the Division's previous <br />estimation. An explanation for the apparent discrepancy between the two cost estimations <br />follows. <br />Under Rule 6.3.4(2) the Board has prescribed permit applications shall contain reclamation <br />cost estimations which address the point of maximum disturbance. Under Rules 6.4.4(e), <br />6.4.5(e) and 6.4.12, the point of maximum disturbance may be defined as a portion of the total <br />affected lands if affected lands are reclaimed contemporaneously as the operation advances. <br />Permit documents for the Mud Creek Pit divides the approximate 105 acres of affected lands <br />into 22 phases with acreage values for the phases ranging from 2.28 acres to 8.28 acres. <br />Mining operations will be active in multiple phase areas at any given time. Therefore, the point <br />of maximum disturbance utilized to calculate the cost of reclamation varies and is not <br />consistent throughout the life of mine. Obviously, the two estimations calculated by the <br />Division utilized different points of maximum disturbance. <br />Office of Office of <br />Mined Land Reclamation Denver Grand Junction • Durango Active and Inactive Mines