2006-01-09_REVISION - M1980193 ‎(3)‎

• Permit No: M1980193
• IBM Index Class Name: Revision
• Doc Date: 1/9/2006
• Doc Name: Decision Date
• From: DMG
• To: Interested Parties
• Type & Sequence: AM1
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
January 9, 2006
COLORADO
DIVISION OF
MINERALS
GEOLOGY
0.EC LAMATION•MINING
SAFETY•SCIENOE
Bill Owens
Gavemor
Russell George
Executive Director
Ronald W. Caltany
rvlsmn Director
Re: Decision Date, Rocky Mountain Materials and Asphalt, Inc., Sokol Pi aural Resource Tmstee
AM-01, M-1980-193.
To: Interested Parties:
A number of objectors have inquired about the "decision date' for the
Amendment application. At issue is whether the Division's "decision date" of
February 14, 2005, could translate to an automatic approval of the amendment
application, as that date precedes the Board hearing by one day. All objectors
should rest assured that the amendment application for the Sokol permit will not
be approved automatically. Rather, the Mined Land Reclamation Board, on
February 15 or 16, 2005 will address the objections and issues addressed in the
pre-hearing order, and the Board will decide during the Board hearing whether to
approve or deny the amendment application. This letter hopefully will clarify the
decision date issue.
The Board and Office review amendments to 112 permits in the same manner as
applications for new permits, per Rule 1.10.1(4). Hence, the decision deadlines
for Amendments are the same as for new permit applications.
Several rules govern decision dates and several spell out who decides to
approve or deny amendment applications. The decision to issue an amendment
application is made by the Board or by the Division, depending on whether
objections are received or not. For 112 amendments with no objections, the
decision date is set at 90 days after the item is deemed "complete' or "filed" and
the decision is made by the Division per Rule 1.4.8(1). For 112 amendments
with objections, the Division makes a recommendation to the Board, and the
Board makes the decision not less than 90 and not more than 120 days after the
item is filed or deemed complete per Rules 1.4.9(1) and 1.4.9(3).
In the present case, the Division determined that the newspaper notice did not
comport with the Act (Rule 1.6.6), and the operator re-published the notice. In
addition, the operator waived its right to a 90-day decision per Rule 1.4.13(2).
Office of Office of Colorado
Mined Land Reclamation Active and InaRive Mines Geological Survey