REV89218

• Permit No: M1977393
• IBM Index Class Name: Revision
• Doc Date: 5/12/1995
• Doc Name: DEMAND FOR A HEARING BY THE CITY OF BOULDER VARRA COMPANIES FRONTIER MATERIALS JENKINS PIT PN M77393
• From: DMG
• To: MLRB
• Type & Sequence: TR2
• Media Type: D
• Archive: No

• III IIIIIIIIIIIIIIII •
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman 51., Raom 215 I~u~~
Denver, Coloradu 80203 I I
Phone: [phone]
FA%~ (3031 832-8106
DEPARTMENT OF
NATURAL
RESOURCES
DATE: May 12, 1995 eoverno er
lames S. Luchhrad
TO: Members of the Mined Land Reclamation Board E~eculive Director
~, Michael 8. Long
FROM: Allen Sorenson 7 / Division Director
RE: Demand for a Hearing by the City of Boulder, Varra
Companies/Frontier Materials, Jenkins Pit, Permit No. M-77-393
Attached is a letter prepared by Mr. Dan Frost of Fairfield and Woods
P.C., on behalf of the City of Boulder, in which a demand is made for a
hearing on whether a permit modification submitted by the operator of the
Jenkins Pit, Permit No. M-77-393, is an amendment or a technical revision.
The permit modification in question has been accepted, reviewed, and
approved by the Division as a technical revision. It is th.e Division's
view that the demand by the City of Boulder for a hearinrl under Rule
1.7.4(2) would be more appropriately heard by the Board under Rule 2.5 -
Declaratory Orders, and this matter has been placed on the N[ay agenda as
a consideration of a Declaratory Order.
Also attached is correspondence from Mr. Joseph de Raismes, III, Boulder
City Attorney, that details Boulder's concerns. This lets=er is being
provided to the Board at this time because of Mr. de Raismea' request on
page 5 that the "Board carefully review this letter". The Division has
responded to the City of Boulder's concerns, and the Board caln be updated
at the time that this matter is considered during the May meeting.
The following is a brief chronological summary of events related to the
Board's consideration of issuance of a Declaratory Order:
1/25/95 Division received a complaint from the City of Boulder
regarding disturbance in excess of permit limitations at the
Jenkins Pit.
2/21/95 The Division inspected the Jenkins Pit, identified compliance
problems, specified corrective actions and a compliance
schedule.
4/5/95 The operator submitted a technical revision to modify the
specifics of the site revegetation plan (seed mix and mulching
requirements), and to clarify the grading and topsoil
replacement plan based on site conditions.