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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources J <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 COLORADO <br />Phone: (303) 866-3567 0[ v[ s[ o w o F. <br />RECLAMATION <br />FAX: (303) 832-8106 MINING <br />SAFETY <br />9 May 2011 <br />John W. Hickenlooper <br />Governor <br />Mr. James L. Newman <br />GSL/Brush LLC Mike King <br />Executive Director <br />4131 S. State Street Loretta E. Pineda <br />Chicago, IL 60609 Director <br />Subject: GSL/Brush LLC, 120th Estates Partners Mine; File M-2001-085, Amendment <br />Application AM-05 Third Adequacy Review - <br />Dear Mr. Newman: <br />The Division of Reclamation, Mining, and Safety (Division) received on 5 May 2011 your response to <br />our second Adequacy Review for the Amendment application AM-5. Your response still does not <br />adequately address the Division's concerns. Please respond to the following remaining adequacy: <br />• Response 1. The proposed amended acreage is still unclear. The response states that the total <br />amended area acreage is 2.70 acres, and states that this is shown on Exhibit C Mining Plan <br />Map. However, Exhibit C Mining Plan Map appears to show the amended mining area as 5.92 <br />acres. Please clarify. <br />Be advised that the Division received one written objection to amendment application AM-5. <br />Therefore the matter has been scheduled for hearing before the Mined Land Reclamation Board <br />(Board) at the 8-9 June 2011 monthly meeting of the Board, and a pre-hearing conference has been <br />scheduled for 24 May 2011. The Division must receive your response to our third adequacy review <br />with sufficient time to issue a Rationale and Recommendation for Approval or Denial no later than <br />18 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 Board Order of 7 January 2011 and subject to enforcement action and <br />additional civil penalties. <br />Feel free to call me at 303-866-3567 x8108 with questions. <br />Sincerely, <br />,icxwl? <br />David Bird <br />Division of Reclamation, Mining, and Safety <br />cc: Les Ewegen - GSL/Brush (via hardcopy and email) <br />Office of <br />Mined Land Reclamation Denver • Grand )unction • Durango <br />Office of <br />Active and Inactive Mines