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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 />August 4, 2009 <br />COLORADO <br />D I V I S 10 N O F <br />RECLAMATION <br />MINING <br />- ?t- <br />SAFETY <br /> Bill Ritter, Jr. <br />Mr. Boyd Astemborski? Governor <br />Destiny Mining, LLC Harris D. Sherman <br />P.O. Box 51314 Executive Director <br />Colorado Springs, CO 80949 Ronald W. Cattany <br /> Division Director <br /> Natural Resource Trustee <br />Re: Application.Incompleteness Notice, Destiny Gravel Pit, File No. M-2009-056 <br />Park County <br />Dear Mr. Astemborski: <br />On 21 July 2009, the Division of Reclamation, Mining, & Safety (DRMS) received from Destiny Mining, LLC a <br />110(c) Construction Materials Mining Reclamation Permit Package for the Destiny Gravel Pit, File No. M-2009- <br />056. Preliminary review has determined that the application package is incomplete and the following items must be <br />provided/corrected before the DRMS can consider the application as being filed and technical review can begin: <br />Application Form: A mine that extracts any metal in conjunction with construction materials is defined as a hard <br />rock mine in accordance with §34-32-103(8) CRS. Therefore, applicant must re-submit the application as a 110(2) <br />Hard Rock / Metal Mining Limited Impact Operation. Note: Applicant re-submitted the correct application form on <br />27 July 2009. <br />Exhibit L - Reclamation Costs: In accordance with Rule 6.4.12, the applicant must provide all information <br />necessary to calculate the costs of reclamation. The information must be submitted and broken down into the <br />various major phases of reclamation. The information provided by the Operator/Applicant must be sufficient to <br />calculate the cost of reclamation that would be incurred by the state. Note: Applicant provided the reclamation <br />information on 27 July 2009. <br />Exhibit N - Source of Legal Rh!ht to Enter: Because the project is located on land owned by the U.S. Bureau of <br />Land Management (BLM), the Legal Right to Enter will be demonstrated upon completion by the BLM of the <br />Environmental Assessment, and subsequent BLM approval of the project. <br />Applicant has 60 days from the date of this letter to provide the missing information, per Rule 1.4.1(8), or the <br />application may be denied. After all of these requirements have been met, DRMS will designate the application as <br />complete and filed, and technical review will commence. <br />Feel free to call me at 303-866-3567 x8108 with questions. <br />Si erely, <br />1 <br />G <br />David Bird <br />Environmental Protection Specialist <br />cc: Tony Waldron - DRMS <br />Stephanie Carter - BLM <br />Office of Office of <br />Durl?.noNnn flnn..nr I`r?n.1 I..n.y:..n fl..r•...n.. • _...... .....? ?_.....:.... ?:___ <br />AAinnA I snei