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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 />October 29, 2012 <br />Eric Fenster <br />P.O. Box 44011 <br />Denver, Colorado 80201 <br />RE: 120th Partners GSL /Brush LLC File No M- 2001 -085, Amendment # 6 Incompleteness <br />Letter <br />Dear Mr. Fenster: <br />STATE OF COLORADO <br />John W Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E Pineda <br />Director <br />On October 15, 2012, the Division of Reclamation Mining and Safety received your112 Construction <br />Materials Amendment # 6 application for the 120th Partners GSL /Brush LLC, File No M- 2001 -085. <br />Preliminary review of the information received determined that the following items must be <br />received before the Division can consider your application as being submitted and technical review <br />can begin. <br />Application Form; The form you utilized from our on line service had the wrong amendment <br />application fee of $1,938.00. The application fee for a 112 construction materials amendment <br />should have been $2,229.00. Please submit an additional fee of $291.00 with your completeness <br />response for a total of $2,229.00. The Division has updated the forms and they should be available <br />on line no later than the close of business day, on Monday October 29, 2012. The Division <br />apologizes the inconvenience this might have caused you. <br />Rule 1.4.5 (2); an application will be considered filed for the purpose of calculating the decision - <br />making time period under section 34- 32.5- 115(1), C.R.S., as amended, when the application file <br />includes all of the following submittals. <br />Under Rule 1.4.5 (2), (b) (v); the operator has to provide; proof of notice according to the <br />provisions of Subsection 1.6.2(1) (a) (i) (ii). The operator has provided what appeared to be copies <br />of the Notices to the Board of County Commissioners and Notice to the Board of Supervisors of the <br />Local Conservation District, with the amendment application. However there is no proof included <br />in the form of a return receipt with the application. Please provide the required proof to verify that <br />the Notices were sent in accordance with Rule 1.6.2(a) (i) (ii). <br />Rule 3.1.5(9)(c); requires the operator to provide a signed affidavit certifying that the material is <br />clean and inert, as defined in Rule1.1(20). No such affidavit was provided with the amendment # 6 <br />application. Please provide the required affidavit. <br />Office of <br />Mined Land Reclamation <br />Denver • Grand junction • Durango <br />COLORADO <br />D I V I S I O N O F <br />RECLAMATION <br />MINING <br />— &— <br />SAFETY <br />Office of <br />Active and Inactive Mines <br />