2011-10-25_REVISION - M1982155

• Permit No: M1982155
• IBM Index Class Name: Revision
• Doc Date: 10/25/2011
• Doc Name: Adequacy Review
• From: DRMS
• To: Blue Earth
• Type & Sequence: AM1
• Email Name: BMK
• Email Name: TAK
• Email Name: AJW
• Media Type: D
• Archive: No

DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
October 25, 2011
Mr. Bill Schinderline
Blue Erath
P.O.BOX 973
Fort Collins, CO 80522
Dear Mr. Schenderline
Mined Land Reclamation
STATE OF COLORADO
Re: Schmidt Construction Inc. Fountain Pit, DRMS File # M- 1982 -155, Amendment #1
Adequacy Review.
COLORADO
D I V I S I O N O F
RECLAMATION
MINING
— &—
SAFETY
John W. Hickenlooper
e povernor
Mike King
Executive Director
Loretta Pifieda
Director
The Division of reclamation Mining and Safety (Division) has completed its preliminary
adequacy review of your 112 Construction Materials Amendment Application. The Amended
Application was received on September 19, 2011. Since Schmidt Construction waived its right to
a 90 day decision, after the original amendment application was submitted in January 2011, the
new decision date for the amended application is December 26, 2011. The amendment
proposes to add 49.8 acres to the permit for total permit area of 742.8 acres.
Please be advised that if you are unable to satisfactorily address any concern identified in the
review before the decision date, the Division will extend the date as needed. Your original
written 90 day decision waiver allows the Division to change the date as needed as long as
there are no objections to your application. If there are objections to your application that
are not resolved and the matter has to be brought before the Mined Land Reclamation Board,
the matter will have to be brought before the Mined Land Reclamation Board with 120 days
from the date the application was called complete.
Exhibit "D" Mining Plan 6.4.4
Under the exhibit, the operator states," Due to the small size of the amendment parcel, mining
will not be subdivided in phases or areas. However two options are included in the mining plan
(see Exhibit C -4, Pre - Mining and Mining Plan Map- option 1 and Exhibit C -5 PRE - MINING AND
Mining Plan Map- option 2). At this point, Charter Oak Ranch Road separates the proposed
amendment area from the existing Fountain Pit permit area. The property and mineable
material beneath the road are owned by Edward C.Leavy Company, the parent company of
Schmidt Construction Company. There are no recorded easements or right of way for the road ".
1) Even though the mineral rights underneath the road are owned by the parent company
of the operator and the mineral can be removed, the Division cannot accept two
conceptual mining plans. Schmidt Construction must submit one of the options in the
]i 7 1 A)
Office of 1 � Offit;e of
Denver • Grand Junction • Durango Active and Inactive Mines