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STATE OF COLORADO <br />DIVISION OF MINERALS AND GE010GY <br />Department of Natural Resources <br />7313 Sherman St., Room 275 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />June 13, 2003 <br />Mr. Jerald A. Seifert <br />Seifert Construction <br />198 Range View Loop <br />Westcliffe, CO 81252 <br />Re: File No. M-2002-122, Boyer Pit, 112c Decision Letter -Conditions, Financial and <br />Warranty Request -Construction Material Operation <br />Deaz Mr. Seifert: <br />COLORADO <br />DIVISION O F <br />MIN SRALS <br />GEOLOGY <br />0.ECLAMATION•MININO <br />SAFETY•SCIENCE <br />Bill Owens <br />Governor <br />Greg E. Walther <br />Ezecutive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />Performance <br />On May 28, 2003, the Colorado Mined Land Reclamation Board approved your 112c mining pemut application <br />with one condition. The condition to the approval is noted below: <br />Stipulation No. 1 Description <br />A reportable spill is a spill of any toxic or hazardous substance (including spills of <br />petroleum products) within the mined land permit area reportable to any Division of the <br />Colorado Department of Public Health and the Environment, the National Response <br />Center, the Colorado Emergency Planning Commission, any local Emergency Planning <br />Commission, local Emergency Planning Committee, or the State Oil Inspector. The <br />Mine Operator shall notify the Division of Minerals and Geology (DMG) of a <br />reportable spill within the mined land permit area using the same timeframe required <br />by the permit, license, notice, statute, rule or regulation governing the reporting of the <br />spill to the other appropriate agency. Notice of a reportable spill shall be FAXed to: <br />Minerals Program Supervisor, Division of Minerals and Geology, FAX (303) 832- <br />8106. The FAX shall include acall-back number of a responsible company official for <br />DMG staff to use a contact. <br />The amount of financial warranty set by the Division for this operation is $19,250.00. You must submit a fmancial <br />warranty in this amount and a performance warranty in order for us to issue a pem3it. In the event you have <br />requested a financial warranty form, we have enclosed it in this letter. If you have not, please select a type of <br />financial warranty from Rule 4.3. Then contact us so that we can provide you with the appropriate warranty form. <br />We have enclosed a performance warranty form with this letter for your use. <br />PLEASE NOTE THAT MINING OPERATIONS MAY NOT COMMENCE UNTIL A PERMIT HAS <br />BEEN ISSUED BY THE DIVISION AF.TT.B RECEIPT OF YOUR FINANCIAL WARRANTY AND <br />PERFORMANCE WARRANTY. A PERMIT WILL NOT BE ISSUED UNTII. WE VERIFY THE <br />ADEQUACY OF BOTH YOUR FINANCIAL WARRANTY AND PERFORMANCE WARRANTY. <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />