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COLORADO <br />* Division of Reclamation, <br />Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />July 24, 2016 <br />Joel Lemons <br />12998 CR 42 <br />Yuma, CO 80759 <br />RE: Need for State Reclamation Permit, File No. M-2016-040 <br />Dear Mr. Lemons: <br />On May 20, 2016, the Division of Reclamation, Mining and Safety (Division) received your <br />correspondence, responding to the Division's inquiry, RE: "Is It Mining". The Division has <br />assigned file number M-2016-040 to this project. Please display the file number on any <br />correspondence regarding this specific project. <br />The information you provided indicates approximately 35,000 cubic yards of construction <br />materials will be extracted from private lands and transported approximately three miles on <br />county roads, to be used entirely on a land parcel owned by the same landowner of the <br />extraction site. Neither the landowner nor the operator will receive any type of compensation <br />from the material extraction. The proposed operation appears to satisfy the conditions of the <br />agricultural exemption with the sole exception of off-site transport using county roads. <br />The Colorado Mined Land Reclamation Board (Board) has requested the Division make <br />preliminary determinations regarding the need for a mined land reclamation permit. Based on <br />the information provided in your response, it is the Division's opinion the proposed project is a <br />mining operation, due to the off-site transport using county roads. Pursuant to Colorado law, <br />you are required to first obtain a mined land reclamation permit from the Board prior to <br />initiating the mining operation. If you disagree with the Division's determination you may <br />petition the Board for a declaratory order whereby you may obtain an exemption from permit <br />requirements. Such request must be made in writing and must be received no later than ten <br />days prior to a regularly scheduled Board meeting. The next available Board meeting is <br />scheduled for August 24-25, 2016. <br />If you have any questions please contact me at (303) 866-3567 extension 8176, otherwise we <br />look forward to working with you through the permitting process. <br />Sincerel <br />Wallace . Erickson <br />Senior Environmental Protection Specialist <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mfning.state.co.us <br />John W. Hickenlooper, Governor i Robert Randall, Interim -Executive Director I Virginia Brannon, Director <br />