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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 25, 2010 <br />COLORADO <br />DIVISION OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Govemor <br />James B. Martin <br />Albert F. Nesselhuf, Jr. Executive Director <br />31160 County Road 14 <br />Manzanola, CO 81058 <br />Re: Caldwell-Nesselhuf Pit No. 1, Permit No. M-1997-071, Technical Revision Approval, Revision No. TR-2 <br />Dear Mr. Nesselhuf, Jr.: <br />On February 25, 2010 the Division of Reclamation, Mining and Safety approved the Technical Revision application <br />submitted to the Division on February 10, 2010, addressing the following: <br />Technical Revision substitute for a Notice of Temporary Cessation in accordance with Rule 1.13.17. The <br />operation will now be considered and intermittent operation as defined by C.R.S. 34-32.5-103 (I1) (b). <br />The terms of the Technical Revision No. 2 approved by the Division are hereby incorporated into Permit No. M-1997- <br />071. All other conditions and requirements of Permit No. M-1997-071 remain in full force and effect. <br />In accordance with Rule 1. 13.7 (a) given the approval of this Technical Revision, the Operator must report to the Board <br />every year through the Annual Report the following information: <br />(i) The condition of the operation at the time of cessation; <br />(ii) What specific measures have been and will be implemented to comply with the reclamation and <br />performance standards; and <br />(iii) Plans for resumption of mining. <br />The approval of the request to make this an intermittent operation will allow the mining operations to temporarily cease <br />production for more than 180 days at a time, however it does not allow mining and reclamation to stop indefinitely. In <br />accordance with Rule 1.13.9, in no case shall temporary cessation be continued for more than ten (10) years without <br />terminating the mining operation and fully complying with the Reclamation Plan requirements of the Act and the Rules. <br />The ten years will begin from the approval date of this Technical Revision. <br />If you have any questions, please contact me at (303)-866-3567 ext. 8120. <br />Sincerely, <br />- c( elZ <br />Jared Ebert <br />Environmental Protection Specialist - DRMS <br />Cc: Tony Waldron, DRMS <br />Denise Gonzales, All Rite Paving and Redi Mix, Inc. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines