2007-01-16_REVISION - M2005071

• Permit No: M2005071
• IBM Index Class Name: Revision
• Doc Date: 1/16/2007
• Doc Name: Request Must be Processed as an Amendment
• From: DRMS
• To: MVR Resources, Inc.
• Type & Sequence: TR1
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVfSfON OF RECLAMATION, MINING AND SAFETY f
Department of Natural Resources
7373 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]:
FAX: [phone]
January 16, 2007
Mr. Michael Ripp /
MVR Resources, Inc.
P. O. Box 54
Delta, CO 81416
RECEIVED
,J{~I 2 2~~001
Division of Reclamation,
Mining and Safety
COLORADO
DIVISION OF
RECLAMATION
MINING
SAFETY
Bill Owens
Governor
Russell George
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
.~
RE: Benson Brothers Red Shale Pit, Permit No. M-2005-071, Dust Suppression Water Source Revision
(Request Must be Processed as an Amendment ~-
Dear Mr. Ripp:
Thank you for your submittal of a request for technical revision to change the location for obtaining water
for dust suppression at the Benson Brothers Red Shale Pit. The Division of Reclamation, Mining and Safety
(DBMS) has determined that this request must be processed as an amendment for the following reasons: 1)
The BB Seep is adjudicated as a water source solely for dust suppression at the Benson Brothers Red Shale
Pit; 2) Any malfunction or leaking of the pumping equipment or water lines could result in off-site impacts;
and 3) C.R.S 34-32.5-103(1), in part, defines affected land as "... areas in which structures, facilities,
equipment, machines, tools, or other materials or property that result from or are used in such operations are
situated." Therefore, since your request would increase the acreage of affected land, it would have to be
processed as an amendment and cannot be processed as a technical revision. Therefore, the Division has
determined the technical revision request to be incomplete.
Please advise DBMS if Benson Brothers would like to withdraw the revision request and have the fee
returned of submit an amendment application, with the additional fee amount required.
If Benson Brothers disagrees with this determination, they may file a petition for a hearing before the Mined
Land Reclamation Board pursuant to Rule 1.4.11 of the Construction Materials Rules and Regulations.
If you need additional information, please contact me at the Division of Reclamation, Mining and Safety,
Grand Junction Field Office, 101 South Third Street, Room 301, Grand Junction, Colorado 81501, telephone
no.970-243-6368.
Sincei
Steve S. Shuey
Environmental Protection Specialist
Office of Office of
Mined land Reclamation Active and Inattive Mines