PERMFILE54537

• Permit No: M2005080
• IBM Index Class Name: Permit File
• Doc Date: 8/10/2006
• Doc Name: Fourth Adequacy review
• From: DRMS kAP
• To: Environmental Alternatives Inc.
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman SL, Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
August 10, 2006
Angela Bellantoni
Environmental Alternatives, Inc.
410 Macon Avenue
Canon City, CO 81212
RECEIVED
pUG 2 ~ 2006
pivisron or "~acgafetY n,
Mining and
RE: Allen Drilling and Excavating Co., Inc. File No. M-2005-080
Allen Pit 1 l2(c) Fourth Adequacy Review
Dear Ms. Bellantoni
COLORADO
DIVISION OF
RECLAMATION
MINING
SAFETY
Bil I Owens
Governor
Russell George
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
During the application review process regarding the above permit application, the Division received
additional information that requires the Applicant to perform additional noticing and to supply
additional information to the permit application. The following are issues that the Division believes still
need to be addressed prior to recommending approval of the permit.
1. Rule 1.6.2 (1)(eNii) - General Applicant Procedures
Rule 1.6.2(1)(e)(i) of the Construction Materials Rules and Regulations requires the Applicant to mail or
personally serve a copy of the notice required by Rule 1.6.2(1)(d) immediately after the first publication
to all Owners of Record of the surface and mineral rights of the affected land. Although the Applicant
has sent such a notice to a possible owner of one half of the minerals rights of the affected land, the
Applicant limited the time the possible owner ofone-half of the mineral rights had to comment on the
notice to less than 20 days. Please re-notice the parties claiming to have rights to the minerals at the site,
i.e. Robert Cargill and the Cargill Family Trust, via both certified mail and regular mail, giving them
twenty days from receipt of the notice to comment, and send proof of notification to the Division.
2. Rule 6.4.14 Exhibit N -Source of Lesal Right to Enter
This Rule refers to Rule 63.7 which states that the Applicant must provide a description of the basis for
legal right of entry to the site and to conduct mining and reclamation, for Owners of Record described in
Rule 1.6.2 (1)(e)(i). The Division has received notice that a Complaint to Quiet Title to One-Half of the
Oil, Gas, and Other Mineral Interests, related to the property where the proposed permit is located, has
been filed with the Park County District Court. Please indicate whether the Applicant believes this
complaint restricts his legal right to enter and conduct mining at the site. If the Applicant believes he
still has legal right to enter and to conduct mining, please supply a legal opinion as to why his legal right
to enter and conduct mining is not affected by the filing of this complaint.
Office of Office of
Mined Land Reclamation Active and Inactive Mines