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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 8663567 <br />FAX: (303) 832-0lOfi <br />May 9,2005 <br />COLORADO <br />DIV1S10 N OF <br />MIN E6RALS <br />GEOLOGY <br />RECLAM ATIO N•MINING <br />SAFET Y•SCIEN CE <br />Bill Owens <br />Governor <br />Ms .Maureen Jacob Russell George <br />y Executive Director <br />Project Manager Ronald W. Cattany <br />Banks and Gesso, LLC Division DlreC20f <br />720 Kipling 5't.Sulte 117 Naturzl Resourrn Trustee <br />Lakewood, Colorado 80215 <br />RE: Clarification of Stipulation # 2, Permit # M-2004-013 <br />Dear Ms Jacoby <br />When the permit was approved, the Division placed a <br />limitation on the active pit area exposed, not to exceed 25 <br />acres at any given time. This limitation only applies to <br />the pit area. When the financial warranty was calculated, <br />when the permit was approved, the operator did not have the <br />water rights to expose more than 10 acres, which is still <br />the case at this time. The financial warranty calculation <br />however assumed the ancillary disturbances associated with <br />the operation which includes, portable processing plants, <br />portable conveyors, material stockpile areas, portable <br />scale, a settling pond, dewatering trenches and internal <br />haul roads. These ancillary disturbances to the life of <br />mine are not to exceed 50 acres, when the entire permit <br />area of 364 acres is fully mined out. The Division will <br />evaluate the warranty when the site is next inspected in <br />the next few years, once the operation commences. At <br />present the operator has in place a warranty in the amount <br />of $410,693.00, which is deemed adequate. <br />If you have additional questions or concerns, please <br />contact me. <br />Sincerely, <br />B rh~ffelew <br />Reclamation Specialist <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />