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•~ <br />4. Construction Materials Rule 4.1(2) provides that if a permit applicant fails to submit <br />the required performance and/or financial warranties within one calendar year of <br />approval of the application, the Board shall hold a hearing to reconsider the <br />Division's approval. <br />5. In December 2002, the Board reconsidered its approval of this application because <br />the financial and performance warranties were not submitted within one year of the <br />Division's decision date. The Boazd decided to continue the matter until the February <br />2003 meeting to allow the Applicant the opportunity to revise the application to <br />address any new structures within 200 feet of the affected land as well as new surface <br />owners, and to re-notice and re-publish the application and afford the opportunity for <br />public comment. <br />6. The Board continued the matter again in February upon motion from LaFarge. <br />7. Since Then, LaFarge has submitted copies of the notice for the Riverbend Operation. <br />Public comment period ended March 25, 2003. No written objections were submitted <br />to the Division. <br />8. LaFazge has also submitted a new surface owner location map. It has identifted ten <br />new surface owners since the original application. LaFarge also submitted a map <br />depicting the new gas well location owned by Kerr-McGee Rocky Mt. Corporation. <br />9. LaFarge submitted appropriate performance and financial warranties in the amount of <br />$743,000.00. <br />10. The Division recommends that the application be approved with two conditions: <br />A. Prior to mining within 400 feet of the top of the bank of the South Platte <br />River, the Operator will provide and gain approval of a technical revision that includes an <br />evaluation of the stability of riverside berms to be left at the conclusion of mining. <br />