2006-06-14_REVISION - M1978314 (3)

Home Browse Search

c.~-oi M- ~q ~6 -3 ~~ ~- l~k- 2oo(O 1 CONSTRUCTION MATERIALS EXTRACTION OR EXPLORATION OPERATJON Presentation Form ,/ GENERAL INFORMATION Inspection Date: Permit Type: 112(c) File No.: M-1978-314 Permitted Acres: 341 acres Pernrittee: King Mountain Gravel, LLC Commodity: Sand & Gravel Operator: Same County: Routt Existing Bond: $327,000.00 Method of Mining: Surface Adequate?: Yes Specialist: Erica Crosby CONVERSION Ol (CN-Ol) APPLICATION STATUS • November 22, 1978- 110 permit issued to Routt County • June 24, 1987- Permit transferred from Routt County to Frank H. Hewes • September 10, 2004- Permit transferred from Frank H. Hewes to King Mountain Sand & Gravel • November 23, 2004- Conversion Ol Application (CN-Ol) submitted to the Division. • March 15, 2005- CN-Ol approved by the Division (no objections were filed during the comment period). CN-01 increased permit azea from 9.9 acres to 341 acres. The postmining land use will remain as rangeland. Bond set for $327,000.00. • Mazch 9, 2006- Financial warranty submitted by applicant in the form of Irrevocable Letter of Credit (LC). Deemed inadequate by DMG. DMG returns LC stating deficencies. • March 15-2006- Financial Warranty due date. • Mazch 27, 2006- Revised/corrected financial warranty in the amount of $327,000.00 received for the site, but past the 365'" day. • Apri126, 2006; DMG sends notice of reconsideration of the approval of the CN-O1 application for King Mountain Gravel LLC sand and gravel operation because the financial wan•anty was not submitted within one yeaz of the Division's decision date. Construction Materials Rule 4.1(2) states: "No permit may be issued pursuant to the Act until the Board or Office receives and approves the Performance and Financial Warranties required herein. Ifthese Warranties are not received within one calendar year 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 aj~rms the original application approval, the Board shall establish a new deadlineforsubmittal ofthe Financial and Performance warranties. If the required warranties are not posted by the date set by the Board, the application shall be denied. " • May 2, 2006; Operator request that decision reconsideration for failure to submit the bond within 356 days be reconsidered because initially submitted on March 9, 2006. • May 4, 2006; DMG responded to request for reconsideration, but according to Rule 4.1(2) states that the