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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 />??'J <br /> <br />November 24, 2009 <br />Jay Wagner <br />Wagner Ranches, LLC. <br />96400 E. Hwy. 40 <br />Craig, Colorado 81625 <br />NOV 3 0 2009 <br />Division ota d tY n, <br />Mining <br />Re: Gehrman Pit, Application No. M-2009-078, Objection Comment Receipt. <br />Dear Mr. Wagner, <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 />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />The Division of Reclamation Mining and Safety (DRMS) has received Wagner Ranches comments <br />regarding the 112c application for the Gehrman Pit noted above. Your comments were received by the <br />Division on November 24, 2009 and are considered timely. While it is noted that Wagner does not <br />object to the project in general it has concerns regarding mining and reclamation plans which could <br />adversely impact ranch lands from the redirection of seasonal flood waters in the area. The Division <br />however must categorize the comments as an objection to protect Wagner Ranches rights in the review <br />process until the issue is resolved. Hopefully that can be accomplished with all parties' cooperation. <br />DRMS has forwarded Wagner's letter to Elam Construction and its consultant for review and response. <br />Should the issue be resolved Wagner Ranches can withdrawal as a party at that time and if not, then the <br />issue would be heard before the Mined Land Reclamation Board (MLRB) at a formal public hearing. <br />Currently the decision date for the application is January 12, 2010. If the issue brought forth is not <br />resolved by then the matter will be scheduled for the February 10, 2010 MLRB meeting unless extended <br />by the applicant. Please find enclosed a copy of "Guide to Citizen Participation in the 112 Reclamation <br />Permit Application Process". Please read the guide carefully as it explains the application process, your <br />rights, and responsibilities as a party in the process. <br />Office of Office of <br />Mined Land Reclamation Denver - Grand Junction - Durango Active and Inactive Mines