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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 C O L O R A D O <br /> <br />Phone: (303) 866-3567 D I V I S I ON OF <br />RECLAMATION <br />FAX: (303) 832-8106 MINING <br />? <br />SAFETY <br />October 22, 2009 <br />Bill Ritter, Jr. <br />fo Mr. Les Ewegen Governor <br />Les Ewegen LLC Harris D. Sherman <br />WCR 39 Executive Director <br />Eaton, CO 80615 Ronald W. Cattany <br />Division Director <br />Subject: Amendment Application AM-04 for 120th Estates Partners, 120th Estates Pit Natural Resource Trustee <br />Adams County, File M-2001-085,-Second Incompleteness Notice <br />Dear Mr. Ewegen: <br />The Division of Reclamation, Mining, & Safety (Division) has reviewed the additional material submitted 15 <br />October 2009 to complete your application for Amendment AM-04, which was originally submitted on 23 <br />September 2009. Unfortunately the application is still incomplete, and the Division needs the following <br />additional information before the application may be designated as complete and filed: <br />Rule 1.6.2(1)(b) - General Application Procedures: The Division was unable to locate in the application <br />materials the signed affidavit that the notice (sign) was posted according to the provisions of Rule 1.6.2(1)(b). <br />The form was included in the application package but was only partially completed. The partially completed <br />form has been included in this mailing for you to complete and return to the Division. <br />Rule 6.4.6, Exhibit F - Reclamation Plan Map: The Division was unable to locate in the application <br />materials the Reclamation Plan Map. We found cross-sections of the clay liner in the engineering report, but <br />please provide a revised reclamation plan map that shows the site in fully reclaimed configuration following <br />completion of mining and installation of the clay liner. <br />Rule 6.4.19, Exhibit S - Permanent Man-Made Structures: Please update as needed or indicate where in <br />previous documentation the information may be found <br />Additional Considerations: Be advised that, after the application has been designated as complete and filed, <br />applicant must comply with the public notice requirements described in Rules 1.6.2(1)(d) through Rule <br />1.6.2(1)(g), and Rule 1.6.5. <br />Applicant has 60 days from the date of this letter (21 December 2009) to provide the missing information <br />per Rule 1.4.1(8) or the application may be denied. After the aforementioned requirements have been met, <br />DRMS will designate the application as complete and filed, and technical review will commence. Feel free to <br />call me at 303-866-3567 x8108 with questions. <br />Si erely, <br />David Bird <br />Environmental Protection Specialist <br />cc: Tony Waldron - DRMS <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines