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Mr. Kimmi <br />Page I2 <br />August 9, 2011 <br />The Division conducted an inspection of the site on July 19, 2011 and found that reclamation has <br />not been accomplished. On July 27, 2010, the Division denied the request for release of <br />performance and financial warranties. Any person directly and adversely affected or aggrieved <br />by an Office decision to approve or deny the request for reclamation responsibility release and <br />whose interest is entitled to protection under the Act may appeal the decision to the Colorado <br />Mined Land Reclamation Board by submitting a request for Administrative Appeal to the <br />Division according to the provision of Rule 1.4.11. <br />Any petition for a hearing to appeal the Office's decision must be received in writing within 30 <br />days of the date of the Division's denial of the release (July 27, 2010). Such a petition for a <br />hearing shall state how the petitioner is directly and adversely affected or aggrieved by the <br />Division's decision, and how the petitioner's interests are entitled to protection under the Act. <br />The petition shall list and explain any issue that should be considered by the Board at the <br />Hearing on the matter. Finally, within the petition please specify the Division file number for the <br />site(s) whose release they intend to appeal. <br />If you have any questions, you may contact me at (303)866 -3567 x8116. <br />Sincerely, <br />Michael A. Cum Ingham <br />Environmental Protection Specialist <br />Enclosure: Inspection Report <br />CC: Tony Waldron; DRMS <br />Marc Savela, Carma Bayshore LLC <br />