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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 />March 5, 2012 <br />Mr. Ken Wagner <br />Email: lapwl@bentcounty.net <br />RE: Need for State Reclamation Permit, DRMS File M- 2012 -008 <br />Removing clay and sand to level field, truck to Las Animas for fill <br />Dear Mr. Wagner: <br />The Division of Reclamation, Mining and Safety received your completed "Need for a State Reclamation <br />Permit" questionnaire on February 24, 2012. Based on the information you provided in the questionnaire, <br />it is the Division's opinion that you will be required to obtain a reclamation permit from the Mined Land <br />Reclamation Board in order to legally conduct the proposed activities as outlined in your response. <br />Specifically, you will be extracting a construction material (sand) from its natural occurrence on affected <br />land, and the excavation, use and disposal of mined material will not occur on a single parcel of property <br />owned or controlled by the same person. The approximate maximum amount of material planned for <br />excavation is 3,000 cubic yards. No compensation will be received for the excavated material. <br />Please be advised that this opinion is being offered based on the information provided by Ken Wagner. <br />The Mined Land Reclamation Board has requested that the Division make determinations as to the need <br />for a Mined Land Reclamation Permit. If you have any concerns or disagree with this decision, you may <br />petition to appear before the Board during a formal public hearing for a formal Declaratory Order to <br />exempt you from the need to obtain a reclamation permit. This request must be made in writing and be <br />received no later than 10 days prior to the hearing. The next available meeting will be April 11, 2012. <br />If you have any questions, please contact me at (303) 866 -3567, extension 8128. <br />Sincerely, ���� pp � <br />h ..,t <br />/�..G2' -, <br />Tom Kaldenbach <br />Senior Environmental Protection Specialist <br />cc: Anthony J. Waldron, DRMS (via email) <br />Mined Land Reclamation <br />STATE OF COLORADO <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 />Office of Office of <br />Denver • Grand Junction • Durango Active and Inactive Mines <br />