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CNAi <br />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 3, 2011 <br />Xl mie Sessions <br />enn E. Sessions & Sons, Inc. <br />33492 Highway 125, P.O. Box 1076 <br />Walden, Colorado 80480 <br />COLORADO <br />D IV IS I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />Re: Fairbanks Pit, File No. M-2003-058, Receipt of 110 to 112 Construction Materials Reclamation <br />Permit Conversion Application Package <br />Dear Ms. Sessions, <br />On January 31, 2011, the Division of Reclamation, Mining and Safety (Division) received the 110 to 112 <br />Construction Waterials Reclamation Permit Conversion Application package for the Fairbanks Pit, File No. M- <br />2003-058. preliminary review of the information received determined the following items must be received <br />before the Division can cons) er the application as being submitted and technical review can begin: <br />Application Fee <br />1. The Division did not receive the required $2,696.00 application fee with the application package. The <br />Division will credit the 110c application fee of $1,258.00 previously submitted and withdrawn by the <br />Operator for this site towards this 110c to 112c conversion application incorporating the Fairbanks Pits. <br />Please submit the remaining conversion application fee in the amount of $1,438.00. <br />Application Form <br />2. The Applicant indicated Permit # M-2009-050 on the application form. Please note the correct permit <br />number is M-2003-058. The Applicant did not select the appropriate Conversion Application option on <br />the form. <br />3. As observed during the July 19, 2010 and August 18, 2010 inspections and discussed in the Division's <br />inspection reports, a Pre-Law 7 acre mine site exists northwest of the permitted Fairbanks Pits. The <br />Pre-Law area was used as an asphalt batch plant site by Lafarge West, Inc. as part of the Fairbanks II Pit <br />(M-2009-041) operation. Lafarge left stockpiled material in the Pre-Law area, which was moved by <br />Sessions to the permitted Fairbanks site. However, two stockpiles of material remained west of the - <br />entrance gate and along the south side of the Pre-Law area, equipment was stored in the area, and the <br />site boundary survey results indicated the Pre-Law area was used as access to the Fairbanks Pit sites. <br />Per Rule 6.3.5(2)(f), redisturbance of previously disturbed areas, by the mining operation, must be <br />included in the permit area. The Division previously stated, the Applicant must include all disturbed <br />areas into a 110 to 112 conversion application for the Fairbanks Pit including the Pre-Law site since the <br />Pre-Law area continues to be used by Sessions for equipment storage, stormwater retention and as <br />access to the Fairbank Pit sites. <br />Office of <br />Mined Land Reclamation <br />Denver • Grand Junction • Durango <br />Office of <br />Active and Inactive Mines