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III IIIIIIII <br />999 IIIII III <br /> <br />STATE OF <br /> <br />COLOlZ~DO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman S[., Room 215 <br />DIVISION O F <br />Denver, Colorado 80203 <br />Phone: (3031 866-3567 MINERAL S <br />fAX~. 1303) 832-6106 & <br />September 21, 2001 G E O L O G Y <br /> RECLAMATION <br /> MINING•SAFETY <br />Mr. Floyd E. Espinoza <br />Cos[illa County Commissioner gill Owens <br />P.O. BOX 100 Governor <br />San Luis, CO 81152 Greg E. Walther <br /> Executive Director <br />RE: Reclamation Bond -Mesita Hill Mine -File No M-1477-227 Michael B. Long <br />. Division Director <br />Dear Commissioner Espinoza: <br />Thank you for your correspondence about the Mesita Hill Mine. <br />This Office has been in negotiations concerning the amount of the financial warranty for sometime with the <br />Mesita Hill Mioe, operated by Colorado Aggregate Company. We reduced the amount of our initial financial <br />warranty calculation as a result of our discussions with the Operator. Presently, the Office is requiring the <br />Operator to raise the existing financial warranty of $142,700 to $397,142. The Operator has already posted <br />the additional financial warranty. <br />The provisions of the Constmction Materials Act require an operator [o maintain a financial warranty <br />adequate for completion of [he approved reclamation plan. If the Office finds, during art inspection, [hat the <br />existing financial warranty is not adequate to complete the approved reclamation plan, the Office is to notify <br />the operator that the he has 60 days to post the additional financial warranty. Alternatively, the operator may <br />complete sufficient on-site reclamation and/or revise the approved reclamation plan so that the outstanding <br />reclamation liability matches the financial warranty held by the Office. <br />In the case of the Mesita Hitl Mine, the Operator has decided to post the additional financial warranty. <br />There are a number of financial instruments an operator may choose in order to provide the required financial <br />warranty. These include cash, corporate surety, irrevocable letters of credit, certificates of deposit, deeds of <br />[rust and security agreements, self-insurance, an individual reclamation fund, and salval;e credit and first <br />priority lien on project-related fixtures and equipment. (The last two items in the list of financial instruments <br />have limited use.) It's the operator's decision to determine which financial warranty insrrlrment is best suited <br />to their individual financial situation. <br />If you have any additional questions, please feel free to call rye at (303) 866-4925. <br />Respectfully, <br />,~~~~~~ <br />H. Bruce Humphries <br />Minerals program supervisor <br />cc: Jim Dillie <br />tortes/espinoza costilla co m77227.doc <br />