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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 COLORADO <br /> <br />Phone: (303) 866-3567 D I V I S I O N O F <br />RECLAMATION <br />FAX: (303) 832-8106 MINING <br /> <br /> SAFETY <br />DATE: June 15, 2009 <br /> Bill Ritter, Jr. <br />RE: Rationale for Approval Recommendation Governor <br />o <br />, <br />Skanska USA Civil West Rocky Mountain District Harris <br />Sherman <br />E <br />ti <br />Di <br />, <br />Red Mesa Pit <br />File No. M-2009-023 xecu <br />ve <br />rector <br />, <br />. Ronald W.Cattany <br /> Division Director <br /> Natural Resource Trustee <br />Introduction <br />On June 15, 2009, the Division issued its recommendation for approval of the Red Mesa Pit <br />application over objections. This document is intended to explain the process by which the <br />Division arrived at its approval recommendation over objections. <br />The application for the Red Mesa Pit was filed with the Division on March 16, 2009. The <br />application proposes to change the previously approved Special 111 type permit, Permit No. M- <br />1999-086, to a Regular 112 type permit and thereby allow the Operator to sell mined materials <br />commercially. The 112 permit application addresses the same 25 acres area permitted to the <br />111 operation and the permit boundary is not altered; no new affected lands will result from the <br />change in type of permit. Affected lands will be reclaimed to support rangeland) post-mining land <br />use. The Division has recommended that financial warranty for the proposed 112 operation be <br />set at $90,746. <br />Objections and Comments to the Application <br />The public comment period for the application closed on May 11, 2009. During the public <br />comment period the Division received written objection to the application from the following two <br />parties: <br />1. Southern Ute Indian Tribe, Mr. Mathew J. Box, Chairman, dated May 7, 2009 and received <br />by the Division on May 8, 2009; and <br />2. Mr. Harry Goff, dated May 4, 2009 and received by the Division on May 7, 2009. <br />The Division also received comment to the application from the following two agencies: <br />3. Clearance to proceed from the Colorado Historical Society, State Historic; Preservation <br />Officer, Mr. Edward C. Nichols, dated March 27, 2009 and received by the Division on <br />March 31, 2009; and <br />4. Recommendation to approve from the Division of Water Resources, Ms. Sarah Reinsel, <br />dated April 3, 2009 and received by the Division on April 6, 2009. <br />Office of <br />Mined Land Reclamation Denver • Grand junction o Durango <br />Office of <br />Active and Inactive Mines