PERMFILE53132

• Permit No: M2005012
• IBM Index Class Name: Permit File
• Doc Date: 8/15/2005
• Doc Name: Clarification to Rationale for Approval Recommendation
• From: DMG
• To: To All Concerned Parties
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman S[., Room 21 S
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
To All Concerned Parties:

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COLORADO
DIVISION O F
MINERALS
GEOLOGY
0.EC LANATION~NINING
SAFETY•SCIENCE
eil I Owens
Governor
Russell George
Executive Director
Ronald W. Cottony
Division Diretlor
Trustee
On August 3rd, 2005 aPre-Hearing Conference was held for the Gray Pit No.2 Pit, Application
No. M-2005-012. As a result of that meeting, in response to the objector's concerns, the
applicant agreed to strike any mention of the Kininkin Road access or any secondary access
point from the application text and maps. This likely would alleviate concerns by the objector
that the secondary access point from the east side of the permit is part of the approved mining
plans or reclamation permit.
The applicant has provided the Division with revised application text and maps that black out
any reference to the use of Kinikin Road for access. Staff has re-reviewed the application and
pointed out an additional reference that has been corrected as well. These documents have
been sent to Lazy A Corporation via fax and hard copy for review and approval. If Lazy A
Corporation approves, it may withdraw its objection to the application in writing.
The Division would like to clarify to all parties in writing that approval of the application is based
solely on the Miguel Road access point. No other access is under consideration for approval.
Any change or variation of access other than the specific point on Miguel Road would constitute
an amendment to any approved permit. The permitee would thus be required to follow the
requirements of 2 CCR 407-4, Rule 1.10.1. This Rule provides that amendments are to be
reviewed by the Board in the same manner as a new permit application including the
requirements for public and adjacent landowner notifications of the proposed changes per 2
CCR 407-4, Rule 1.10.1(4). Any use of another access point without an approved amendment
to the proposed permit would be considered a possible violation of the approved permit and
subject to possible civil penalties, bond forfeiture and / or permit revocation by the MLRB.
Further, staff during the review of the application has based decisions on the premise that the
Miguel Road access point is the only legal point of entry under consideration. Any other access
points proposed in the future were not part of the Division's consideration and would require
right of access documentation prior to deliberation of those points.
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey