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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 />February 28, 2013 <br />Febbraro Construction Co. <br />2010 Santa Fe Trail <br />Trinidad, CO 81082 <br />Re: Review of Current Permit Status Regarding Temporary Cessation <br />DBMS FileM2004028, The Broyles Pit; <br />Dear Joseph Febbraro, Jr.: <br />STATE OF COLORADO <br />Mike King <br />Executive Director <br />Loretta Pineda <br />Director <br />In conducting recent site inspections and reviews of Annual Reports, the Division of <br />Reclamation, Mining, and Safety ( "Division ") has observed that many sites are not in <br />compliance with the permit status requirements of the Colorado Land Reclamation Act for the <br />Extraction of Construction Materials ( "Act ") and the Mineral Rules and Regulations of the <br />Colorado Mined Land Reclamation Board for the Extraction of Construction Materials <br />( "Rules "). Specifically, if your operation is not active or has limited mining activity please read <br />the following information carefully, as action on your part may be required. <br />The Act and the Rules require that operators who are not continuously engaged in the extraction <br />of construction materials must either file a notice of Temporary Cessation ( "TC ") or apply for <br />Intermittent Status ( "IS ") as explained below. Operators must file a notice of TC whenever they <br />intend to, or do, temporarily cease production for more than a one year period. C.R.S. § 34-32.5 - <br />103(11)(b); Rule 1.13.5(1). The notice of TC must be filed in writing by separate cover to the <br />Division and include the following: <br />Mined Land Reclamation <br />1. A revision fee in the amount of $144.00. <br />2. A statement of when the initial five -year period of TC will commence. <br />3. Reason for non - production. <br />4. A general plan for the resumption of mining. <br />5. Measures to be taken to comply with reclamation requirements related to Rule 3.1 <br />including weed control, storm water control, and general site upkeep. <br />6. Demonstration that the existing Financial Warranty is adequate to cover current <br />reclamation liabilities. <br />7. File the required annual report and fee when due. <br />As an alternative to TC, operators may qualify for IS, but only if they comply with the <br />following requirements: <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 />Office of Office of <br />Denver • Grand Junction • Durango Active and Inactive Mines <br />