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120th Estates Partners Mine 2 12 April 2011 <br />AM-5 Second Adequacy Review File No. M-2001-085 <br />planted, or b) seed the grasses into the barley stubble in the fall. A significant unknown variable in the <br />revegetation timetable is the time that will elapse before the site is developed to its ultimate post- <br />mining land use. Planting with grass seed is not an excessively costly endeavor and should be <br />consistent with the proposed post-mining land use, so unless the Applicant can demonstrate by <br />providing the permits and plans that an alternative project is ready for implementation, the Division <br />will require the revegetation described herein. <br />3) Regarding the 21,000 CY spoil stockpile shown on the Reclamation Plan Map Exhibit F, please <br />submit a revised Reclamation Plan Map Exhibit F showing the site as it will appear after reclamation, <br />i.e., with the spoil stockpile removed. Also please indicate on Reclamation Plan Map Exhibit F any <br />other material or equipment that will remain in the amended area after closure. <br />The Applicant is reminded that the decision date for Amendment application AM-5 is 15 June 2011, <br />and the Division must receive your response in time to review in advance of the decision deadline. If <br />you are unable to provide the information required within that timeframe, then an extension can be <br />granted upon written request to the Division. The Applicant should also be aware that to date the <br />Division has received one written complaint for this amendment as allowed by Construction Rule <br />1.7.1. A copy of the letter is enclosed. Should this citizen elect to become a party to the application, <br />then the matter will be set for a hearing before the Mined Land Reclamation Board, most likely 8 June <br />2011, but possibly as early as 11 May 2011. <br />The applicant is also reminded that failure to complete the application process for the Amendment <br />would be a violation of the Mined Land Reclamation Board Order of 7 January 2011 and subject to <br />enforcement action and additional civil penalties. <br />Feel free to call me at 303-866-3567 x8108 with questions. <br />Sincerely, <br />David Bird <br />Division of Reclamation, Mining, and Safety <br />cc: Les Ewegen - GSL/Brush (via hardcopy and email)