2005-10-31_REVISION - M1992054 - Laserfiche WebLink

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STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 90203 Phone: (303) 8663567 FAX: (303) 832.9106 RECEIVED OCT 2 7 2005 COLORADO DIVISION O F MINERALS GEOLOGY RE CLANATION•MININO SAEETY•ECIENCE October 20, 2005 Divisi90 ~f Miaerels and Geology Bill Owens Governor Walter Bump alls:eu eeorge Fesco, Inc. rExl,tive ofleclnr 5500 U Hwy 64 S ~~ o~Y . . . D Farmington, NM 87402 Natural Resource Trustee Re: Ignacio Pit, Permit No. M-1992-054, Receipt of 110 to 112 Construction Materials Reclamation Permit Conversion Application Package, CN-1 Dear Mr. Bump: On October 14, 2005, the Division of Minerals and Geology (Division) received an application from LBCR, LLC to convert the abovecaptioned 110 Construction materials operation to a 112 Construction Materials Reclamation Permit. The Conversion application (CN) presumes that LBCR, LLC would be the operator. The Ignacio Pit permit and ~ associated reclamation bond are still held for Fesco, Inc. On October 18, we received a succession of operators form from LBCR, LLC. Based on conversations with LBCR representatives, we will presume that DMG will review the CN application, establish a reclamation bond amount, and that LBCR, LLC will provide bond sufficient to reclaim the azea to be covered by at least the first mining phase of the CN. Once the SO is approvable and sufficient bond posted, we can complete review of the CN and move toward approval. To help expedite the CN application, we will process the SO and the CN simultaneously. Preliminary review of the information received in the CN application detemlined that the following items must be received before the Division can consider your application as being submitted and technical review can begin: F.XAFRTT N - SmErce nfi,egal R~ht to F.nter (Rule 6.4.t4r1~ You must provide the source ofyour legal right to enter and initiate a mining operation on the affected land. The submitted materials list the mineral owners, but does not include any lease or other instrument or proof that their interests were conveyed to the proposed operator for mining purposes. The permit application at Item 6 indicates that the subsurface rights are owned by Samson Resources but Exhibit O indicates that the mineral owners aze those provided in attachments titled Address Book Information." Please clarify. F.XAFRiT S -Permanent Man-Made StrnetEErea !Role 6A_191: you must provide information sufficient to demonstrate that the stability of any structures located within two hundred (200) feet of the operation or affected land will not be adversely affected. The pre-mining map (Exhibit C) shows at least the following structures: fences, buried irrigation pipe, stock pond, irrigation pond, La Boca ditch, LPEA Electrical Utility line. 1'he current statement that LBCR will not affect structures within 200 feet is not sufficient to address this requirement. Unless LBCR intends to keep all operations at least 200 feet from such structures, and state such in the application materials, then they must secure access agreements including damage waivers or agreements or conduct stability analyses showing that operations can take place safely inside the 200-foot boundaries. Office of .Office of