PERMFILE52347

• Permit No: M2005012
• IBM Index Class Name: Permit File
• Doc Date: 10/13/2006
• Doc Name: Reconsideration of Application Approval
• From: DRMS grm
• To: Nick Gray
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY / ~Q/~'L/Cg /F1 /E % S
Department of Natural Resources
7313 Sherman St., Room 215
C O L O AA D O
Denver, Colorado 80203
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RE: Gray Pit #2 Sand and & Gravel Mine; File No. M-2005-012 Division Director
Natural Resource rmstee
Reconsideration of Application Approval
Dear Mr. Gray,
It has come to our attention that the financial warranty for the above referenced application was not
submitted and approved within one calendar year of approval of the application. The application was
approved on August 22"d, 2005 and the complete financial warranty in the amount of $16,500.00 was
not received by August 22nd, 2006
Rule 4.1(2) of the Construction Materials Rules and Regulations, states;
"No permit may be issued pursuant to the Act until the Board or Office receives and approves
the Performance and Financial Warranties required herein. If these warranties are not
received within one calendar year of approval of an application for any new permit,
amendment or conversion, the Board shall hold a hearing, in accordance with the notification
and comment provisions of Rule 1,6, to reconsider the previous approval. If the Board
aFfirms the original application approval, the Board shall establish a new deadline for
submittal of the Financial and Performance warranties. If the required warranties are not
posted by the date set by the Board, the application shall be denied."
Because a Financial warranty has not been received and approved for the application within one
calendar year of approval, a hearing must be held to reconsider the previous approval. Please be
aware that the applicant must re-notice the application in a paper of General circulation in accordance
with Rule 1.6.5(1) and notify any new surface owners, easement owners and owners of structures
within 200 feet that are different than what was submitted in the original application. As an
alternative, if the operator does not wish to move forward with the application a hearing can be
avoided by withdrawing the application in writing prior to the hearing date.
A Formal Public Hearing will be held during the December 13t" and 14th, 2006 Board meeting for
reconsideration of the previous approval of application. The hearing will be held in Room 318 of
1313 Sherman Strect, Denver, Colorado, beginning at 9:00 a.m. on December 13th, and at 9:00 a.m.
on December 14thh or as soon thereafrer as the matter can be considered. At that hearing you will
have the opportunity to be represented and heard.
Office of Office of
Mined Land Reclamation Active and Inactive Mines