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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 />August 25, 2011 <br />Myron Mullett <br />Mullett Excavating, LLC. <br />320 County Road 241 <br />Westcliffe, Colorado 81252 <br />RE: Mullett Excavating Pit #1; DRMS No. M- 2000 -115, Amendment 01 and Financial Warranty <br />Dear Mr. Mullett, <br />On September 17, 2009 the Colorado Division of Reclamation, Mining and Safety approved the amendment <br />application (AM01) required from the December 10, 2008 Colorado Mined land Reclamation Board hearing for <br />Violation No. MV- 2008 -014. When this application was approved, the financial warranty was to be increased to <br />$46,503.00 from the $41,600.00 currently held. The additional financial warranty was not submitted by the <br />Operator within one calendar year of the approval of the amendment application and thus the amendment was never <br />finalized. <br />In accordance with Rule 4.1 (2) if warranties are not received within one calendar year of approval of an application <br />for an amendment, the Board shall hold a hearing, in accordance with the notification and comment provisions of <br />Rule 1.6, to reconsider the previous approval. Thus a hearing must be scheduled to reconsider the approval of the <br />amendment application once proper notification and publication has occurred and the public comment period has <br />ended. <br />Since the amendment application was never finalized, the violation was not completely corrected. The Division will <br />require the Operator to initiate the notification process outlined in Rule 1.6 as discussed above by September 26, <br />2011. Please place a copy of the amendment application, exhibits and adequacy review responses at the County <br />Clerk and Recorder prior to publication and notification and provide evidence to the Division this has been <br />completed. Once you know when the required newspaper publication will occur and when the end of the public <br />comment period will be, please notify the Division as soon as possible in order to schedule the required Board <br />hearing. <br />If you have any questions, please feel free to contact me at (303) 866 -3567 ext. 8120. <br />Sincerely, <br />Jared Ebert <br />Environmental Protection Specialist, DRMS <br />CC: Joe Gagliano, L J Development, Inc. <br />Tony Waldron, DRMS <br />Barbara Coria, DRMS <br />Mined Land Reclamation <br />STATE OF COLORADO <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 />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />Office of Office of <br />Denver • Grand Junction • Durango Active and 1nactIve Mines <br />