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r 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 />/17/2011 <br />Thomas Smith <br />1701 East 147th Street <br />Kansas City, MO <br />64146 <br />RE: Eagle Mountain Pit, File No. M- 2010 -019, Notice of reconsideration of application for failure to post Financial <br />and Performance Warranties within 365 days of application approval <br />Dear Mr. Smith: <br />On August 10, 2010 the Division of Reclamation, Mining and Safety (Division) approved the above referenced <br />application. Pursuant to Rule 4.1(2) no permit may be issued until the Mined Land Reclamation Board (Board) or <br />Division receives and approves the required Performance and Financial Warranties. If these warranties are not received <br />within one calendar year of the approval of the application, the Board shall hold a hearing, in accordance with the <br />notification and comment provisions of Rule 1.6, to reconsider the previous approval. To date, the Division has not <br />received the Financial and Performance Warranties required for this site. <br />The applicant must perform the public notice procedures, as outlined in Rules 1.6.2 and 1.6.5, within 15 days of the date <br />of this letter so that the matter may be scheduled for a Board hearing for reconsideration of approval of the application. <br />Alternatively, the applicant may submit a written notice to withdraw the application. <br />If you require additional information, have questions or concerns, please contact me at the DRMS Grand Junction Field <br />Office at 101 South 3 Street, Suite 301, Grand Junction, CO, 81501, Phone: (970) 243 -6299, Fax: (970) 241 -1516. <br />Sincerely, <br />Dustin Czapla <br />Environmental Protection Specialist <br />Division of Reclamation, Mining and Safety <br />Cc: <br />STATE OF COLORADO <br />-201,0 - Ol d <br />R ECE %Y'W <br />AUG 22 2011 <br />Division of Keciamation, <br />Mining and Safety <br />COLORADO <br />DIVISION 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 />Office of Denver • Grand Junction • Durango Office of <br />Mined Land Reclamation Active and Inactive Mines <br />