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COLORADO <br />D I V I S I O N O F <br />RECLAMATION <br />MINING <br />SAFETY <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 />September 7, 2011 <br />Mr. Paul Banks <br />Paul Banks and Associates, LLC <br />720 Kipling Street Suite 117 <br />Lakewood, CO 80215 <br />STATE OF COLORADO <br />Mike King <br />Executive Director <br />Loretta Pineda <br />Director <br />Re: Pete Lien & Sons Inc, St Barbara Sand and Gravel Mine, DRMS File # M- 2004 -013 AM #1 Adequacy <br />Review <br />Dear Mr. Banks: <br />The Division of Reclamation Mining and Safety (Division) has completed its preliminary <br />adequacy review of your 112 Construction Material Amendment Application. The <br />Application was received on July 8, 2011 and was called complete on July 19, 2011. The <br />decision date for the application is October 17, 2011. The amendment proposes to change <br />the post- mining land use from Wildlife Habitat with two lakes to water storage. The total <br />permitted acres is 364 acres. <br />John W. Hickenlooper <br />Governor <br />Please be advised that if you are unable to satisfactorily address any concern identified in this review <br />before the decision date, it will be your responsibility to request an extension of the review period. If ° <br />there are outstanding issues that have not been adequately addressed prior to the end of the review <br />period and no extension has been requested the Division will deny the application. <br />The amendment application review consisted of comparing the application with specific <br />requirements of Rules 6.4 of the Mineral Rules and Regulations of the Colorado Mined Land <br />Reclamation Board for the extraction of Construction Materials. <br />Exhibit "D" Mining Plan 6.4.4 <br />1) The operator states, "There are currently no definite plans to re -open the mine and <br />temporary cessation notice is included with this amendment." A temporary cessation <br />notice has to be submitted as a separate revision request in accordance with Rule 1.13.8 <br />and 1.13.9 with a fee of $144.00. Please submit the request in accordance with the rule. <br />2) Under roads, the operator states all roads inside the mining limits will be temporary and <br />will be reclaimed after mining is completed. The access to Nyberg Road and one <br />perimeter road around the property will remain after mining and reclamation is <br />Office of <br />Mined Land Reclamation <br />fid / hJ <br />Office of <br />Denver • Grand Junction • Durango Active and Inactive Mines <br />