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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 />November 6, 2009 <br />COLORADO <br />D I V I S I O N O F <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Mr. Ryan J. McHale Ronald W. Cattany <br />Division Director <br />Venture Resources, Inc. Natural Resource Trustee <br />P.O. Box 1974 <br />Idaho Springs, CO 80452 <br />Re: Second Application Incompleteness Notice, Hukill Gulch Millsite, File No. M-2009-076 <br />Dear Mr. McHale: <br />On October 23, 2009 the Division of Reclamation, Mining, and Safety (DRMS) received from Venture <br />Resources a submittal responding to DRMS October 14, 2009 incompleteness notice and intended to make <br />complete the I I Od Hard Rock/Metal Mining Reclamation Permit Application package for the Hukill Gulch <br />Millsite, File No. M-2009-076. On October 26, 2009 DRMS received from Venture Resources via email a letter <br />responding to the DRMS October 24, 2009 letter outlining issues related to pre-mining and post-mining land use <br />designations included in the permit application. Based on review of these submittals DRMS has determined that <br />the following items must be satisfactorily addressed before the permit application can be considered submitted <br />and technical review can begin: <br />1. Venture Resources' October 23, 2009 submittal includes a 0.043acre increase in the proposed area of affected <br />land to incorporate tailing and process water pipelines and monitoring we s as required. Provide a breakdown of <br />the acreage for the upper monitoring well, the lower monitoring well, and he pipeline corridors, and specify the <br />width(s) for the pipeline corridors to be included in the proposed area of ected land. Also, in the revised <br />Exhibit E to the permit application provided with the October 23, 2009 submittal the upper water line is labeled <br />150')" and the lower water and tailing lines are labeled "(+/-1,500')." It appears that these labels refer to <br />the lengths of the proposed pipelines, but this must be clarified. <br />2. As stated above, DRMS received Venture Resources' October 26, 2009 letter via email, and via email only. <br />Currently, DRMS procedures do not provide for inclusion of email submittals into the official record for permits <br />or permit applications. Therefore, Venture Resources must either mail in or hand deliver. the letter to DRMS. <br />Presuming this will be done, DRMS has considered the letter in its review of pre- and post-mining land use <br />designations in item no. three below. <br />3. The DRMS position on designation of pre- and post-mining land use required for permit applications detailed <br />in the DRMS letters dated October 14, and October 24, 2409 is founded in the Mined Land Reclamation Act <br />(Act) and the Mineral Rules and Regulations (Rules) of the Colorado Mined Land Reclamation Board (MLRB), <br />and cannot be varied. Therefore, DBMS finds it will be most productive to provide point-by-point responses to <br />Venture Resources' October 26, 2009 letter in an effort to resolve the contentions contained in that letter, or, at <br />Venture Resources option, have the matters decided by the MLRB. <br />office of <br />office of Denver • Grand )unction • Durango Alive and Inactive Mines <br />Mined Land Reclamation