ENFORCE27633

• Permit No: M2001097
• IBM Index Class Name: Enforcement
• Doc Date: 9/18/2001
• Doc Name: FAX COVER
• From: DMG
• To: FORT LYON CANAL CO
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
September 18, 2001
Mr. Manny Torrez
Fort Lyon Canal Company
RE: Need For State Reclamation Perini[
Dear Mr. Torez:
DIVISION OF
MINERALS
GEOLOGY
0.EC LAM ATION
HINING•SAFETY
~a Fax to 1.719.456.1609 B'I' o'"e"'
Governor
Greg E. Walther
E~ecuuve Ducaur
M¢hael B. Leng
Division DireUnr
Enclosed are pertinent sections of the Colorado Mined Land Reclamation Board Rules and Regulations. To determine
if you need a permit Cor your proposed activity, first check Rule l.2 which describes activities the Board has determined
do not require state reclamation permits. If you find a match, you can proceed based on your interpretation of the rile,
but at your risk. If you want to be sure or aze uncertain how the Rule may apply to your activity, you should follow the
procedures described under Rule 2.5 and petition the Board for a Declaratory Order exempting your activity Gom the
requirement to have a state reclamation pemut.
The Board has directed the Division to make a preliminary determination, regarding the petition and to advise you of
that determination. A determination by the Division, however, does IVOT give you the level of protection a Declaratory
Order from the Board gives. [f the Division is uncertain as [o your need for a permit, the Division will schedule a hearing
before the Board for a Declaratory Order.
Please include in your petition answers to the following questions. These are some of the questions the Board typically
asks of petitioners for a Declaratory Order for a waiver Gom the requirement to obtain a Mined Land Reclamation
permit:
Please give the legal location of the proposed project and submit an index map that clearly delineates the
location of the proposed extraction site and the location of the nearest city, town, and county location name.
2. Is the site of material extraction public or privately owned property?
3. What type(s) of material is proposed to be extracted?
4. Will the extracted material be hauled o(fsite or used on the same parcel of property where the material is
extracted?
5. What on site use will be made of the extracted material?
6. If the material is hauled olisite, where will it be hauled and what is the intended use?
What is the approximate areal extent of the proposed extraction in acres?
8. To what approximate depth will the extraction extend?