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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) 866-3567 <br />FAX: (303) 832-8106 <br />March 27, 2003 <br />D f V 15 (O N O F <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MINING•SAFETY <br /> Bill Owens <br /> Governor <br />Jason Burkey / Greg E. Walther <br />8 & 8 Excavating, InC. Executive Director <br />P.O. Box 1729 <br />/ <br />Edwards, CO 81632 <br />// Ronald w. cottony <br />Atting Division Direttor <br />(// <br />/ <br />/ <br />/ <br />Re: Montgomery Pit, <br />Peimit No. M-1986-104, Corrective Actio <br />n Correspondence and <br />Extension Request. <br />Dear Mr. Burkey: <br />Division of Minerals and Geology staff has received B & B Excavating's response to <br />Corrective Actions noted during a March 5t", 2003 inspection. The result of the inspection <br />was an issue of current conditions verses the approved Mining and Reclamation Plans. <br />Staff recalculated the Financial Warranty required and asked that a Technical Revision be <br />done to reflect changes from the original approved Mining and Reclamation Plans. <br />In response, B & B has submitted a new bond to cover the estimated reclamation costs. <br />This bond has been forwarded to the Denver Office for review. In the future, all bonding <br />documents should go directly to Denver to expedite processing. <br />B & 8 has also requested an extension for six months of the Corrective Action Date of <br />May 12th, 2003 for submission of the Technical Revision. Staff unfortunately cannot <br />extend this date for such a long period of time. The problem, as noted, could have been <br />addressed as a "Violation" rather than a problem and presented to the Mined Land <br />Reclamation Board for civil action including fines and corrective orders. Staff has elected a <br />more cooperative approach by addressing it as a problem with remedies instead. An <br />extension to June 12"', 2003 will be the maximum that seems reasonable at this time for <br />submitting the TR. By that time, if significant work is underway to correct the highwall <br />slope issue, staff can approve the TR and require monitoring into later in the year to verify <br />that slope requirements have been met. <br />