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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 />February 19`", 2010 <br />Joe C. Baxter <br />Eastern Colorado Aggregates, R.L.L.L.P. <br />P.O. Box 580 <br />Rye, Colorado 81069 <br />COLORADO <br />DIVISION OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />James B. Martin <br />Executive Director <br />Re: Sikes Pit #2, File No. M-2010-008, Receipt of an Incomplete 112 Construction Materials <br />Reclamation Permit Application Package <br />Dear Mr. Baxter <br />On February 5"', 2010, the Division of Reclamation, Mining and Safety received your 112 Construction <br />Materials Reclamation Permit Application package for the Sikes Pit #2, File No. M-2010-008. Preliminary <br />review of the information received determined that the following items must be corrected before the Division <br />can consider your application as being submitted and technical review can begin: <br />APPLICATION FORM: <br />-Item #5 on page 1 of the application requires the operator to list the primary commodities to be mined. The <br />operator lists "1420, 1442, 2951, 3273" as the commodities to be mined. Please list the primary commodities to <br />be mined in general terms such as; aggregate, sand and gravel, borrow, clay, gold, silver, sandstone... etc. <br />Please submit a new copy of page 1 of the application with the correct information filled out. <br />Your application will not be considered submitted until the information listed above is received and found <br />sufficient to begin our review. A decision date will be established 90 days from the date of receipt of all of the <br />requested information. Additionally, if you have already published notice you will need to republish notice, after <br />the Division considers the application submitted. This notice must be published once a week for four (4) <br />consecutive weeks, starting within ten (10) days of the date your application is considered submitted. We will <br />notify you when you should initiate republication of your notice. The final date for receiving comments is the <br />20th day after the fourth publication or the next regular business day. <br />You have sixty (60) days from the date of this letter to submit all necessary documents that the Office needs for <br />an application to be considered filed. If, at the end of the sixty day period, the application has not been <br />determined to be filed with the Office, the Office shall deny the application and terminate the application file. <br />This letter shall not be construed to mean that there are no other technical deficiencies in your application. The <br />Division will review your application to determine whether it is adequate to meet the requirements of the Act <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines