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1 <br />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 />February 4, 2013 <br />Mr. Eric B.-Fenster <br />GSL /Brush LLC <br />P.O.Box 44011 <br />Denver, Colorado 80201 <br />Re: Amendment #6 Application, 120TH Estate Partners, Permit # M- 2001 -085, <br />Adequacy Comments <br />Dear Mr. Fenster: <br />The Division of Reclamation Mining and Safety has completed its preliminary adequacy review of <br />your 112 amendment application. The application was received on October 29, 2012 and was <br />called complete on November 20, 2012. Please be advised that if you are unable to <br />satisfactorily address any concerns identified in this review before the decision date, it will <br />be your responsibility to request an extension of the review period. If there are outstanding <br />issues that have not been adequately addressed prior to the end of the review period, and no <br />extension has been requested, the Division will deny this application. <br />The review consisted of comparing the application content with specific requirements of Rule 1.6.1, <br />6.2, 6.4 and 6.5 of the Minerals Rules and Regulations of the Colorado Mined Land Reclamation <br />Board for the Extraction of Construction Materials. In general the application was substantially <br />adequate. Inadequacies are identified under the respective exhibit heading along with suggested <br />corrective actions to correct them. <br />Application Form <br />1) Public Notice as required in Subparagraph 1.6.2(1) (d) shall be published four times, once a <br />week for four consecutive weeks. Within ten working days after the last publication or as <br />soon thereafter as proof has been obtained, the Applicant shall mail proof of the publication <br />as required by Rule 1.6.2(1) (d) to the Office. Please provide proof of publication to the <br />Division. (1.6.5(2) <br />2) As required by Rule 1.6.2(1) (g), please provide the proof that the notices required by Rule <br />1.6.2(1) (e) (i) and (ii) were sent to all Owners of Record. This requirement would be <br />satisfied by submitting copies of certified mail receipt or proof of personal services (Rule <br />1.4.1(4). <br />Office of <br />' Mined Land Reclamation Denver • Grand Junction • Durango <br />STATE OF COLORADO <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pmeda <br />Director <br />Office of , <br />Active and Inactive Mines <br />