2014-03-07_PERMIT FILE - M1998071

• Permit No: M1998071
• IBM Index Class Name: PERMIT FILE
• Doc Date: 3/7/2014
• Doc Name: Preliminary review of a 112 construction materials reclamation permit amendment application package
• From: DRMS
• To: Randy Schafer
• Type & Sequence: AM1
• Email Name: ECS
• Media Type: D
• Archive: No

DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
March 7, 2014
STATE OF COLORADO
COLORADO
D I V I S I ON OF
RECLAMATION
MINING
SAFETY
John W Hickenlooper
Governor
Mike King
Randy Schafer Executive Director
08085 Co Rd 13 Loretta Pineda
Haxtun CO 80731 Director
Re: Preliminary Review of a 112 Construction Materials Reclamation Permit Amendment
Application Package AM -01, Fryrear Pit #2, Permit M1998 -071
Mr. Schafer:
The Division of Reclamation, Mining, and Safety has completed its preliminary adequacy review of your
112 construction materials reclamation permit amendment application. The application was called complete
for review on February 28, 2014. All comment and review periods began on February 28, 2014. The
decision date for this amendment is May 29, 2014. Please be advised that if you are unable to
satisfactorily address any concerns identified in this review before the decision date, it will be your
responsibility to request an extension of the review period. If there are outstanding issues that have
not been adequately addressed prior to the end of the review period, and no extension has been
requested, the Division will deny this application. In order to allow the Division adequate time to
review your responses to any adequacy issues, please submit your adequacy responses to the Division
no later than one week prior to the decision date (May 22, 2014).
Please note that any changes or additions to the application on file in our office must also be
reflected in the public review copy, which has been placed with the Yuma County Clerk and
Recorder.
The review consisted of comparing the application content with specific requirements of Rule 6.1,
6.2, 6.4 and 6.5 of the Minerals Rules and Regulations of the Colorado Mined Land Reclamation
Board for the Extraction of Construction Materials. In general the application was substantially
adequate; however, as with most applications there are a few items that will require clarification of
the existing information. Any inadequacies are identified under the respective exhibit heading.
General Comment..
For a 112 permit, there is a meaningful distinction between permitted area and affected area; the terms are
not interchangeable as they are in a 110 permit. Because of this distinction, changes to affected area
boundaries and/or increases in affected acreage require an amendment - even if the "new" affected area is
still within the previously established permit boundary.
Therefore, in order for the operator to avoid possible future boundary compliance issues that may require
another amendment in the future, it would be useful to make clear in this amendment that there will be no
distinction between potentially affected area and the new permit boundary. DRMS would then require that
all references to current and future affected area within the new permit boundary be removed, and the entire
new permit area be referred to as "potentially affected ". This revision will require re- submittal of several
of the current maps and require the careful editing of text in several exhibits. Please feel free to contact me
to discuss this issue further if there are any questions. Also please sign and date all maps provided.
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines