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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 27, 2011 <br />M . Brady Miller <br />ller Family Investments, LLC <br />10614 Hwy 66 <br />Platteville, CO 80651 <br />Dear Mr. Miller, <br />Office of <br />Mined Land Reclamation <br />STATE OF COLORADO <br />✓ `' <br />RE: Lone Tree Pit; DRMS File No. M- 2010 -047; Notice of Past Due Financial Warranty <br />.sac 1 I( c <br />COLORADO <br />D I V I S I O N O F <br />RECLAMATION <br />MINING <br />— &— <br />SAFETY <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />On September 17, 2010, the Division of Reclamation, Mining and Safety (Division) approved your <br />112c mining permit application. The amount of financial warranty set by the Division for this <br />operation is $50,100.00. As of the date of this letter, our records indicate that you have not posted <br />the required Financial Warranty or Performance Warranty. <br />Pursuant to Construction Materials Rule 4.1(2), if warranties are not received within one calendar <br />year of approval of an application for any new permit, the Mined Land Reclamation Board (Board) <br />shall hold a hearing, in accordance with the notification and comment provisions of Rule 1.6, to <br />reconsider the previous approval. If the Board affirms the original approval, the Board shall <br />establish a new deadline for submittal of the Financial and Performance Warranties. If the required <br />Warranties are not posted by the date set by the Board, the application shall be denied. <br />Prior to scheduling this matter before the Board, the Applicant will be required to initiate the Public <br />Notice Procedures outlined in Construction Materials Rule 1.6 (copy enclosed) by October 27, <br />2011. The Applicant shall place a copy of the application, all required exhibits and adequacy review <br />responses with the County Clerk or Recorder. Notice of the Application, on a form approved by the <br />Board (copies enclosed), must be sent to the local Board of County Commissioners and the Board <br />of Supervisors of the Soil Conservation District. In addition, the Applicant shall post notices <br />(sample notice enclosed) at the mine site and publish a public notice (sample notice enclosed) in a <br />newspaper of general circulation in the locality of the proposed mining operation. The public notice <br />shall be published four times, once a week for four consecutive weeks. Immediately after the first <br />publication, a copy of the notice shall be sent to all Owners of Record of the surface and mineral <br />rights of the affected land and the Owners of Record of all land surface within 200 feet of the <br />boundary of the affected lands. Once the Applicant has provided the Division with proof that all <br />required public notices have been sent, the Division will schedule this matter before the Board. <br />Office of <br />Denver • Grand Junction • Durango Active and Inactive Mines <br />