2006-04-26_REVISION - M1978314

• Permit No: M1978314
• IBM Index Class Name: Revision
• Doc Date: 4/26/2006
• Doc Name: Reconsideration of Conversation 01 Application Approval
• From: DMG esc
• To: King Mountain Gravel LLC
• Type & Sequence: CN1
• Media Type: D
• Archive: No

DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FA%: [phone] /
Apri126, 2006
Mr. Kirk J. Eberl
King Mountain Gravel, LLC
7276 W. Mansfield Ave.
COLORADO
DIVISION O F
MINERALS
GEOLOGY
xECtANATION•NINING
SAEETY•SCIENCE
Blii t!^CIIE
Governor
Russell GeolBe
Executive DireROr
Lakewood, CO 80235 RGnald w. Cattany
Imslon Director
Natural Resource Trustee
RE: King Mountain Gravel, LLC; King Mountain Sand & Gravel Mine; File No. M-1978-314
~2econsideration of Conversion Ol Application Approval
Dear Mr. Eberl,
It has come to our attention that the financial warranty for the Conversion Application Ol(CN-Ol)
was not submitted and approved within one calendaz yeaz of approval of the application (CN-Ol was
approved on March 15, 2006 and the complete financial warranty in the amount of $319,000.00 was
not received until March 27, 2006).
Rule 4.1(2) of the Construction Materials Rules and Regulations, states;
"No permit may be issued pursuant to the Act until the Boazd or Office receives and approves
the Performance and Financial Warranties required herein. If these warranties are not
received within one calendar yeaz of approval of an application for any new permit,
amendment or conversion, the Board shall hold a hearing, in accordance with the notification
and comment provisions of Rule 1.6, to reconsider the previous approval. If the Board
affirms the original application approval, the Boazd shall establish a new deadline for
submittal of the Financial and Performance warranties. If the required warranties are not
posted by the date set by the Board, the application shall be denied."
Because a Financial warranty has not been received and approved for CN-O1 within one calendar yeaz
of approval, a hearing must be held to reconsider the previous approval of CN-Ol. Please be aware
that the aonlicant must re-notice the application in a oaner of eeneral circulation in accordance with
Rule 1.6.5(11 and notify any new surface owners. easement owners and owners of structures within
200 feet that are different than what was submitted in the on 1~~na1 apnlication. As an alternative, the
operator can avoid a hearing by withdrawing the CN-Ol application in writing prior to the hearing
date.
A Formal Public Heating will be held during the June 14-15, 2006 Board meeting for reconsideration
of the previous approval of CN-O1. The hearing will be held in Room 318 of 1313 Sherman Street,
Denver, Colorado, beginning at 10:00 a.m. on June 14th, and at 9:00 a.m. on June 15th or as soon
thereafter as the matter can be considered. At that hearing you will have the opportunity to be
represented and heard.
Following the hearing, the parties will have an opportunity to review and comment on a draft of the
Board's order if requested. If you wish to do so, you must provide the Board with a written request to
STATE OF COLORADO
Office of Office of Colorado
Mined land Reclamation Active and Inactive Mines Geological Survey