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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY ? <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 COLORADO <br />Phone: (303) 8,66-3567 ?? DIVISION O F <br />FAX: (303) 832-8106 RECLAMATION <br /> 1 MINING <br /> <br /> SAFETY <br /> Bill Ritter, Jr. <br /> Governor <br /> WEI j@® Harris D. Sherman <br /> R <br />v G Executive Director <br /> <br />July 22, 2009 ? <br />r <br />JUL 7 1009 <br />, <br />Ronald W. Cattany <br />Division Director <br /> <br />Dhfti" of Reclamation Natural Resource Trustee <br />Henry M. Carter? , <br />Mining and Safety <br />Nuvemco, LLC. <br />107713200 Road <br />Hotchkiss, Colorado 81419 <br /> v <br /> <br />Re: NOI Application, Happy Thoughts NOI Site, No. P-2008-065, Denial of Application. <br />Dear Mr. Carter, <br />The Division of Reclamation, Mining and Safety (DRMS) called the application for the Happy Thoughts <br />Project complete on February 23, 2009. Per Rule 5.1.3(b) an applicant had 60 days from the time of notice <br />of deficiencies including the Financial Warranties to correct them. DRMS notified Nuvemco in March, 2009 <br />that it had until April 24, 2009 to correct the deficiency otherwise the Notice would be denied. Nuvemco <br />requested some additional time as it was having some issues in regard to bonding instruments. Staff <br />extended the date for the requested 90 days from the April 24, 2009 notice to July 23, 2009. Per telephone <br />communication today Nuvemco has notified DRMS that it does not plan to move forward with the project at <br />this time. Therefore, DRMS is denying the notice for failure to correct the deficiency of posting a financial <br />warranty per Nuvemco instruction. Should Nuvemco wish to pursue the project at a future date a new <br />Notice and fees will be required. <br />If you need additional information, please contact me at the Division of Reclamation, Mining and Safety, <br />Grand Junction Field Office, 101 S. 3rd St., Suite 301, Grand Junction, Colorado 81501, telephone no. <br />970.241.1117. <br />ASince,rely, <br />) 1i---- <br />G. Russell Means <br />Environmental Protection Specialist <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines