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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />7313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />April 6, 2006 <br />Dr. James Hudson ~ <br />20986 Brimstone Road <br />Cedaredge, CO 81413 <br />Re: Status Update and Citizen Partici~pation Guide <br />Benson Brothers Red Shale Pit;'File No. M-2005-071 <br />COLORADO <br />DIVISION O F <br />MINESRALS <br />GEOLOGY <br />REC LAMATION•MINING <br />SAFFTY•SCIENCE <br />Bill Owens <br />Governor <br />Russell George <br />Executive DireROr <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />Due to omission of a portion of the proposed mine access road from the proposed permit area, Benson <br />Brothers elected to submit an amendment to their application for the Benson Brothers Red Shale Pit. Per <br />Rule 1.8 of the Construction Materials Rules and Regulations, submittal of the amendment to the application <br />constitutes a new filing for the sole purpose of determining the date of consideration of the application by the <br />Office and the date for a final decision to be rendered. The provisions of Rule 1.6.6 apply and specify that <br />the applicant is required to publish and mail new notice of the application and that all applicable deadlines <br />being to run anew. The amendment submittal date was February 15, 2006 and the new decision due date for <br />this application is set for June 15, 2006. <br />Please be aware that all comments to the application received by DMG during the public comment periods <br />will be addressed during this permitting process. Each individual who submitted comments is considered to <br />be a party to this permit application process. <br />Enclosed please find DMG's Guide to Citizen Participation in the 112 Reclamation Permit Application <br />Process for Construction Material and Hard Rock/Metal Mining Operations. Please read this guide and <br />become familiar with the 112 permit application process, the jurisdiction of the Mined Land Reclamation <br />Board, and the rights and responsibilities associated with party status. <br />In the near future, DMG will mail notice to all parties indicating the date, time, and location for the pre- <br />hearing conference and the formal public hearing. <br />If you need additional information, please contact me at the Division of Minerals and Geology, Grand <br />Junction Field Office, 101 South Third Street, Room 301, Grand Junction, Colorado 81501, telephone no. <br />970-243-6368. <br />Sincerely, <br />Steve S. Shuey <br />Environmental Protection Specialist <br />Enclosure <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />