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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman S[., Room 215 <br />Denver, Colorado 80203 <br />Phone: (3031866-75b7 <br />FAX: (303) 832-8106 <br />DIVISION OF <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MINING•SAFETY <br />February 25, 2002 <br />Bill Owens <br />Governor <br />Mr. Anthony A. Blasi Greg E. Walther <br />Diamond B Enterprises, L.L.C. Executive Director <br />38043 CR 32 <br />4 /vtichael B. long <br />. <br />Trinidad, CO 81082 Division Director <br />RE: Diamond Rock Pit (File M-2000.047) Possible need to schedule permit application approval for review by Mined Land <br />Reclamation Board <br />Dear Mr. Blasi: <br />The Division approved your permit application for the Diamond Rock Pit on December 29, 2000. In the Division's January 3, <br />2001 notice of that approval, you were also advised that a total financial warranty of $16,000.00 and a performance warranty <br />were required for the operation in order that a reclamation permit be issued. To date, the required financial warranty and the <br />performance warranty have not been supplied. <br />As we briefly discussed when you called about the matter, over 365 days have passed since the application for the Diamond <br />Rock Pit was considered filed, i.e. on Octoberl6, 2000. As a result, Rule 1.4.1(9) now becomes a consideration: That Rule <br />reads, in part, as follows: "-If, at the end of the 365 day period, the application has outstanding adequacy issues, the Office <br />may set the matter for a Board hearing. At the hearing the Board may deny, or approve the application with. or without <br />conditions." <br />Since the Rule reads "may set", the Division is not necessarily required to schedule the matter before the Board at the <br />expiration of the 365 day period and has not done so to date. However, unless you can complete the permitting process in the <br />near future, the Division will schedule the matter for consideration by the Board at their April 24-25, 2002 meeting. Please be <br />aware that, even if the matter is scheduled before the Board, you are still free to attend that meeting and discuss your plans <br />and schedule for the operation with the Board. By participating in the hearing, it might be possible for you to secure the <br />Board's approval to further extend the time allowed for completion of the permitting process. <br />Sincerely, <br />.~.,ww~ G~~~P-r~u,~ <br />James C. Stevens <br />Sr. Specialist <br />cc: file <br />