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~~. <br /> STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />o t v t s[ o N o r <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 MINERAL $ <br />FAX: (303) 832-8106 - & <br /> GEOLOGY, <br /> REC LAMATION', <br /> - - MINING•SA FETYi <br /> Bill Owens <br /> Governor <br /> Greg E. Walther <br />Apiil 3, 2003 Executive Director <br /> Ronald W. Cattany <br /> Division Director <br />Mr. Michael B. Toelle, Interim Quarry Manager <br />Holcim (US) Inc. <br />3500 State Highway 120 <br />Florence, CO 81226 <br />Re: NEW DECISION DATE, Amendment No. 1, M-1977-344 <br />On March 31, 2003, the Division received your response to our adequacy review of Amendment No..l. The <br />response completely changes the location and plans for the diversion of Bear Creek, a major component of the <br />original application. The response also adds three pazcels of land to the permit and affected land azea 1. a small <br />parcel to bring proposed monitoring well No.9 (MW-9) into the permit area, 2. a small pazcel where Beaz Creek <br />enters Holcim property and 3. a portion of an azea previously released from the permit [hat is proposed to be re- <br />affected by construction of a portion of the stream diversion. <br />Rule 1.8.1(3) states "Any amendment or technical revision to an application shall constitute a new filing for the sole . <br />purposes of determining the date for consideration of the application by the Office and for the deadline for a final <br />decision on the application." Rule 1.1(6) defines Amendment as a change in the permit or an application which . <br />increases the acreage of the affected land or which has a significant effect upon the approved or proposed <br />reclamation plan. Your response does both. It increases the acreage of affected land by the three additions and it <br />changes the final reclamation of the diversion area from rangeland to a permanent diversion. <br />Rule 1.6.6 states "If ..........[he change is an amendment to the application, the Applicant shall be required to <br />publish and mail a new notice of the application. In [he event that [he Applicant is required [o issue a new notice, all <br />applicable deadlines shall begin [o run anew." The new Division decision date is 90 days from the date of this letter, <br />July 2, 2003. Please immediately begin re-notice procedures in accordance with Rule 1.6.2(1)a-g. <br />Please call me a[ 303-866-4922 if you have questions. <br />Sincerely, <br />Larry~D"~'~ <br />Environmental Protection Specialist <br />Cc: Al Notazy -BBL <br />Harry Posey -DMG via e-mail <br />Jim Dillie -DMG via e-mail <br />Berhan Keffelew -DMG via a-mail <br />