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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 />COLORADO <br />D I V I S ION OF <br />RECLAMATION <br />MINING <br />SAFETY <br />June 9, 2011 John W. Hickenlooper <br />Governor <br />Joseph Febbraro Mike King <br />Febbraro Construction Company Executive Director <br />2010 Santa Fe Trail <br />Trinidad, Colorado 81082 Loretta E. Pineda <br />Director <br />RE: The Broyles Pit; M-2004-028; Adequacy Review #1 of 112c conversion application. CN01 <br />The Division of Reclamation, Mining and Safety has completed its preliminary adequacy review of your 112 <br />construction materials reclamation permit conversion application. The application was received on February 25 h, <br />2011 and called complete for review on April 28, 2011. The decision date for this application is July 25, 2011. <br />Please be advised that if you are unable to satisfactorily address any concerns identified in this review before the <br />decision date, it will be your responsibility to request an extension of the review period. If there are outstanding <br />issues that have not been adequately addressed prior to the end of the review period, and no extension has been <br />requested, the Division will deny this application. <br />The review consisted of comparing the application content with specific requirements of Rule 3, 6.1, 6.2, 6.4 and 6.5 <br />of the Minerals Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of <br />Construction Materials. Any inadequacies are identified under the respective exhibit heading along with suggested <br />actions to correct them. <br />6.4 SPECIFIC EXHIBIT REQUIREMENTS - REGULAR 112 OPERATIONS <br />The following items must be addressed by the applicant in order to satisfy the requirements of C.R.S. 34-32.5-101 et <br />seq. and the Mineral Rules and Regulations of the Mined Land Reclamation Board: <br />EXHIBIT C - Pre-mining and Mining Plan Map(s) of Affected Lands (Rule 6.4.3): <br />1.) The proposed permit boundary delineated on the Exhibit C, Pre-Mining and Mining Plan Map does not encompass the <br />current disturbance outside of the approved permit boundary for the east pit area. This issue is discussed in detail in the <br />May 31, 2011 pre-operation inspection report. You must re-configure the 3 acre expansion area to encompass the current <br />affected land. A map was enclosed with the pre-operation inspection report depicting the Division's estimate of the <br />proposed permit boundary location, the location of the affected area associated with the stockpiles and a recommended <br />configuration of the additional 3 acre permit area. This map is also enclosed with this letter to aid in your response. <br />Please re-configure the proposed permit boundary for the site and submit a correct Exhibit C Map. <br />2.) If there are any adjoining surface owner(s) of record adjacent to the permit area, their names must be labeled on the <br />Exhibit C Map. <br />3.) Please label the owner of the barbed wire fence located to the south and east of the permit area depicted on the Exhibit <br />C, Mining Plan Map. <br />4.) Please ensure you sign and date the corrected map. <br />Office of <br />Mined Land Reclamation <br />Denver • Grand Junction • Durango <br />' Odice of <br />Active and Inactive Mines