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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 />October 28, 2009 <br />COLORADO <br />D IV IS I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Mr. Mark Shaw Executive Director <br />Yuma County Road and Bridge Ronald W. Cattany <br />Division Director <br />1310 South Blake Street Natural Resource Trustee <br />Wray, CO 80758 <br />Re: File No. M-2009-070, Witherbee Pit, 112c Decision Letter - Performance Warranty Request - for <br />Construction Material Operations that do not Require a Financial Warranty <br />Dear Mr. Shaw: <br />On October 28, 2009, the Division of Reclamation, Mining and Safety approved your 112c permit application. <br />No financial warranty was set by the Division for this operation. However, you must submit a performance warranty in <br />order for us to issue a permit. We have enclosed a performance warranty form with this letter for your use. Please have <br />the performance warranty signed by an appropriate official, notarized, and return it to us. <br />PLEASE NOTE THAT MINING OPERATIONS MAY NOT COMMENCE UNTIL A PERMIT HAS BEEN <br />ISSUED BY THE DIVISION AFTER RECEIPT OF YOUR PERFORMANCE WARRANTY. A PERMIT <br />CANNOT BE ISSUED UNTIL WE HAVE VERIFIED THE ADEQUACY OF YOUR PERFORMANCE <br />WARRANTY. <br />If you have any questions, please contact me. <br />Sincerely, <br />Eric C. Scott <br />Environmental Protection Specialist <br />Enclosure <br />cc: <br />Randy Schafer <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines