GENERAL35556

• Permit No: M2004063
• IBM Index Class Name: General Documents
• Doc Date: 2/2/2007
• Doc Name: Docs for 02 14-15 07 MLRB mtg - Petition for Admin Appeal of Staff Interpretation
• From: DRMS whe
• To: MLRB
• Permit Index Doc Type: General Correspondence
• Media Type: D
• Archive: No

STATE CAF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman SL, Room 215
Denver, Colorado 80203
Phone [phone]
F.qX: [phone]
January 12, 2007
Roy & Glenda Hocker
Hocker Construction LLP
4167 County Road 321
P.O. Box 627
Ignacio, CO 81137
RE; Compliance with Construction Materials Rule 4.1(2),
Hocker Gravel Pit, File No. M-2004-063.
Dear Mr. & Mrs. Hocker:
COLORADO
DIVISION OF
RECLAMATION
MINING
-&-
SAFETY
Bdl Owens
Governor
Russell George
Executive Director
Ronald ~nC Cattany
Division Director
Natural Resource Trustee
In a correspondence dated May 8, 2006, the Division informed Hocker Construction (the
Operator) that we had received the warranties for the Hocker Gravel Pit later than one year after
the approval date of the application and that, pursuant to Rule 4.1(2), the issue must be
considered by the Mined Land Reclamation Board. However, prior to the hearing, the Operator
must re-notice the application in accordance with Rule 1.6.2 and 1.6.5.
The Operator did attempt to re-notice the application. However, the detailed procedures for such
notices were not strictly followed (Rule 1.6.2 and 1.6.5). Additionally, the notices to the Board of
County Commissioners and Board of Supervisors of the soil conservation district indicated a
significant change to the original application. Please note that the Act and Rules authorize
amendment of an application during the review process and/or after the permit is fully issued.
However, the Act and Rules do not appear to authorize amendment of an application which has
completed the review process but for which a permit has not yet been issued (Rule 1.8, 1.9 and
1.10). The application for the Hocker Gravel Pit has completed the review process, but a permit
has not been issued due to the requirements of Rule 4.1(2).
Therefore, should the Operator desire to pursue a DRMS permit for the referenced site, the
Operator must complete one of the following two options:
(1) Pursuant to Rule 4.1(2), re-notice the original application, without modification, in
accordance with the detailed procedures of,Rule 1.6.2 and 1.6.5. Upon receipt of proof of .
compliance with all notice procedures, the Division will schedule the matter for
consideration by the Board. If the Board affirms the original approval decision and a
permit is issued, the Operator must then submit an amendment to the permit to identify the
new access road. The amended permit must be issued prior to utilization of the new road
to support the mining operation; OR
(2) Withdraw the original application and submit a new application for the entire site,
which includes the new access road as affected land.
ore« of orr~~e nr
Mined Land Reclamation Active and Inactiv¢ Mines