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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 />January 11, 2012 <br />Mr. Robert Tibbetts <br />ACME Brick Company <br />401 Prairie Hawk Drive <br />Castle Rock, Colorado 80109 <br />RE: Bijou Clay Mine, File No.M 1997 - 007, Initial Adequacy Comments. <br />Dear Mr. Tibbetts; <br />The Division of Reclamation, Mining and Safety has completed its preliminary review of your <br />amendment application for the Bijou clay mine, File # M- 1997 -007 and has the following comments. The <br />amendment proposes to add 12 acres to the 112 construction materials permit for a total of 33.73 <br />acres. <br />Exhibit G Water Information Rule 6.4.6 <br />In the amended area, there appears to be a dry gulch orienting east to west. The dry gulch was observed <br />during the per - operational inspection. Does the operator plan to reestablish the gulch to its original <br />location after mining is completed? Are there any plans to temporarily divert channel the drainage away <br />from the amended area? The reclamation plan map does not show the channel being established to its <br />original location of the channel to its original location. Please explain. <br />Exhibit L Reclamation Costs Rule 6.4.12 <br />The Division will calculate the require reclamation warranty based on the total volume figures you <br />provided after the pre - operational inspection was conducted on 12/9/2011 <br />Exhibit M other permits and licenses Rule 6.4.13 <br />Under the Exhibit, the operator listed an APEN 07EL03067 permit. What is an APEN permit ? <br />It is the understanding of the Division all the adjacent land owners have been notified in accordance <br />with the Rule. Please acknowledge. <br />The decision date for the amendment application is February 20, 2012. Please submit your response <br />prior to that date or request an extension in writing. If a written extension is not requested and the <br />response is not submitted prior to the decision date, the Division will deny the amendment application. <br />Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango <br />STATE OF COLORADO <br />COLORADO <br />D I V I S I O N OF <br />RECLAMATION <br />MINING <br />- -- & — <br />SAFETY <br />.John W Hicken,00per <br />Governor <br />Mike King <br />Executive Director <br />Loretta Pinedr, <br />Director <br />Office of <br />Artiva anti Inartivo hAinac <br />