2003-05-16_REVISION - M1977141 (2)

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STATE OF COLORADO DIVISION OE MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St., Room 215 _ Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 May 16, 2003 Mr. Damian Murphy Aggregate Industries- WCR, Inc. 3605 S. Teller St. Lakewood, CO 80235 RE: Aggregate Industries- WCR, Inc.; Permit No. M-1977-141 Lyons Quarry Amendment Application- Removal of Road from Permit Area Deaz Mr. Murphy, COLORADO DIVISION O r MIN SRALS GEOLOGY RECLAMATION•MINING SAFETT•SCIENCE BiII Owens Governor Greg E. Walther Executive Director Ronald W. Cottony Division Director Natural Resou¢e Trustee The Division received the May 9, 2003 request to extend the Division's decision due date for the above mentioned application to June 12, 2003. Please be aware that this date falls on the 365-day deadline for the application to be reviewed. Rule 1.4.1(9) of the Construction Materials and Regulations allows the review time to be extended and the decision date reset, not to exceed 365 days from the date the application was filed. The applicant has failed to submit the proper legal right of entry documentation for a portion of the access road outside of the lease boundary on the eastside of Section 26. The applicant was first notified of this permit defect on August 6, 2002. The Division is unable to grant any more extensions to the application after June 12, 2003. Without proper legal right of entry for this road, the Division will deny the amendment application. Aggregate Industries must complete one of the following items by June 9, 2003: Provide a signed version of the legal right of entry documentation for the portion of the road located outside the lease area as noted in the Division's adequacy letter of August 6, 2002. 2. Remove the portion of the road outside the lease area from the mine plan maps and reclamation plan maps. Aggregate Industries will not be allowed to use this road for mining related activity until it is covered under a permit. The Division may pursue an enforcement action against the current operator, previous operator and/or landowner for mining outside the approved permit azea. The responsible entity will be required to obtain a mining and reclamation permit for the road not covered in the permit area. In addition, if the road is ever to be relocated back inside the permit azea, then a permit amendment will need to be submitted. Office of Office of Colorado Mined Land Reclamation Active and Inactive Mines Geological Survey