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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 />May 20, 2010 <br />Joe Gagliano <br />L J Development, Inc. <br />256 N. Merrill Drive <br />Pueblo West, CO 81007 <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 />James B. Martin <br />Executive Director <br />Loretta E. Pineda <br />Director <br />RE: Wiley Pit; DRMS File No. M-1977-223; Preliminary Adequacy Review (AM-01) <br />Dear Mr. Gagliano, <br />The Division of Reclamation, Mining and Safety (Division) has completed its preliminary <br />adequacy review of your 112 Construction Materials Reclamation Permit Amendment <br />Application. The application was received on February 26, 2010 and called complete for review <br />on March 12, 2010. The Decision date for this application is June 10, 2010. Please be advised <br />that if you are unable to satisfactorily address any concerns identified in this review before <br />the decision date, it will be your responsibility to request an extension of the review period. <br />If there are outstanding issues that have not been adequately addressed prior to the end of <br />the review period, and no extension has been requested, the Division will deny this <br />application. <br />The review consisted of comparing the application content with specific requirements of Rule <br />6.1, 6.2, 6.4, and 6.5 of the Mineral Rules and Regulations of the Colorado Mined Land <br />Reclamation Board for the Extraction of Construction Materials. In general the application was <br />substantially adequate; however, as with most applications there are a few items that will require <br />the submittal of additional information or clarification of the existing information. Inadequacies <br />are identified under the respective exhibit heading along with suggested actions to correct them. <br />The Division received comments from the Colorado Historical Society and the Colorado <br />Division of Water Resources. The letters are attached for your review. Please address the <br />comments noted in the letters, and make any changes in the application as necessary. <br />Application Form <br />2. The Division requires the company name listed throughout the application (including within <br />the notarization) match the company name listed with the Colorado Secretary of State (as <br />officially appears "Five Rivers Ranch Cattle Feeding LLC" on the enclosed print-off from <br />the Colorado Secretary of State's website). Please correct the company name on items 1, 6, 7, <br />Office of Office of <br />Mined Land Reclamation Denver • Grand )unction • Durango Active and Inactive Mines