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Permit Number uass: urermit qt Section/Exhibit ___- {~1.~_(,~(~!~-.-.-.-.-_-_-.-.-_-_- Class: O Revision ~ i TYPe/Seq: _ _ _________i Class: ^ Report ~ Hydro OGeneral Doc Type: OApplication (Coal only) O Bond ^ Enforcement ~ Inspection CONSTRUCTION MATERtnL~ r:a><xnc; i'tt~ty OR EXPLORATION OPERATION Presentation Form GENERAL INFORMATION Inspection Date: December 10, 2002 Permit Type: 112(c) File No.: M-2000-016 Permitted Acres: 237 acres Permittee: LaFazge West, Inc. Commodity: Sand & Gravel Operator: Same County: Weld Existing Bond: $743,000.00 Adequate?: Y Method of Mining: Surface Specialist: Erica Crosby APPLICATION RE-NOTICE STATUS December 11, 2002; Reconsideration of the Boazd's approval of the LaFazge West, Inc. Riverbend Operation (File M-2000-016) sand and gravel operation because the financial and performance warranties were not submitted within one yeaz of the Division's decision date. (Construction Materials Rule 4.J(2) provides that if a permit applicant fails to submit the required performance and/or financial warranties within one calendar year of approval of the application, the Board shall hold a hearing to reconsider the Division's approval). • December 20, 2002; MLRB Orders the reconsideration of the application be continued until the Board's February 2003 meeting to allow the Applicant the opportunity to revise the application to address any new structures within 200 feet of the affected land as well as new surface owners, and to re-notice and re- publish the application and afford the opportunity for public comment. • February 25, 2003; MLRB continues item to the March 26, 2003 MLRB Hearing at the request of LaFazge. • Mazch 11, 2003; LaFazge submits copies of the re-notice for the Riverbend Operation. Public comment period ended Mazch 25, 2003. No written objections were submitted to the Division. • Mazch 24, 2003; LaFazge submits a new surface owner location map (10 new surface owners since the original application) and a map depicting the new gas well location owned by Kerr-McGee Rocky Mt. Corporation (within 200 of affected land). • Financial warranty in the amount of $743,000.00 was submitted on September 30, 2002 & a performance warranty was submitted on October 29, 2002. STAFF RECOMMENDATION Staff recommends that the Riverbend Operation, File M-2000-016 be re-approved with the one condition noted in the original Boazd Order dated July 2, 2000. (Prior to mining within 400 feet of the top of the bank of the South Platte River, the Operator will provide and gain approval of a technical revision that includes an evaluation of the stability of riverside berms to be Left at the conclusion of mining)