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1313 Sherman 5ti Roorii 215 <br />'.. IDen 80203 �' <br />• ,'Phone`. (303)',866 356 <br />FAX: (303) 832- 8106' <br />Novemebr 25, 2011: <br />ViS IVI S ION OF RECLAMATION: AND SAFETY <br />Department of,Nattaral; Resources <br />Bill Schinderlein <br />v iglue Earth <br />P.O.BOX 973 <br />Fort Collins, CO 80522 <br />Dear Mr. Schenderlein <br />Office of <br />Mined Land Reclamation <br />Re: Schmidt Construction Inc. Fountain Pit, DRMS File # M -1982 -155, Amendment #1 <br />dequacy Review. <br />1>� <br />6.4.4 , Exhibit "D" Mining Plan <br />STATE OF.COLORADO <br />Denver '• Grand Junction • Durango <br />COLORADO <br />D I V I S I O N OF <br />RECLAMATION <br />MINING <br />SAFETY <br />John W. Hickenlooper <br />6Governor <br />Mike King <br />Executive Director <br />Loretta Pineda <br />Director <br />The : Division of Reclamation Mining and Safety (Division) has completed its preliminary <br />adequacy review of your 112 Construction Materials Amended Application to the original <br />amendment application submitted on January, 2011. The original application was called filed on <br />January 24, 2011. The current amended application was called complete on September 24 <br />2011. Since Schmidt Construction waived its right to a 90 day decision, after the original <br />amendment application was submitted in January, 2011, the new decision date for the <br />amended application. is December 26, 2011. The amendment proposes to add 49.8 acres to the <br />permit for total perrnit area of 742.8 acres. <br />Please be advised that if you are unable to satisfactorily address any concern identified in the <br />review before the decision date, of December 26 2011, you application will be denied unless <br />a written request to extend the decision date is received. <br />Under the exhibit, the operator states, "Due to the small size of the amendment parcel, mining <br />will not be subdivided in phases or areas. However two options are included in the mining plan <br />(see Exhibit C-4, Pre- Mining and Mining Plan Map- option 1 and Exhibit C -5 Pre Mining Plan <br />Map - option 2)..At; this , point, Charter Oak Ranch. Road separates the proposed amendment area <br />from the existing Fountain Pit permit area. The property and mineable material beneath the <br />road are owned by Edward C. Leavy Company, the parent company of Schmidt Construction <br />Company.: There -are no recorded easements or right of way for the road ". <br />Even though the mineral rights underneath the road are owned by the parent company <br />of the operator and the mineral can be removed, the Division cannot accept two <br />conceptual; mining plans. Schmidt Construction must submit one of the options in the <br />8M <br />• )ffice of <br />Active .and Inactive Mines <br />