GENERAL44803

• Permit No: M1997064
• IBM Index Class Name: General Documents
• Doc Date: 9/25/2007
• Doc Name: Request to extend temporary cessation status
• From: DRMS
• To: Western Nutrients, Inc.
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
v
September 25, 2007
Mr. R. G. Sctews'~
Western Nutrients, Inc.
6062 Umber Street
Arvada Colorado 80403
COLORADO
DIVISION OF
RECLAMATION
M[NING
- &-
SAFETY
Bill Ritter, lr.
Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
Division Director
' ~ ~ Natural Resource Trustee
Re: Agri-Cal # 1 Min~DRMS Permit # M-1997-064; Request to extend Temporary Cessation Status
Deaz Mr. Screws:
The Division of Reclamation, Mining and Safety received your request to appear before the Mined Land Reclamation
Board to discuss an extension for Temporary Cessation Status for another five years as discussed in our Office on
September 19`" and 24'", 2007. Further review of your permit application and subsequent records indicate that your
site was never granted Temporary Cessation status in accordance with Rule 1.13. ]13 order for the Division to grant a
Temporary Cessation status, the operator has to be in compliance with Rule 1.13. You have stated, and our records
corroborate, that you have surrendered your lease to mine the commodity back to the Colorado State Land Board.
Mr. Mark Davis of the State Land Boazd (owners of the mineral right) indicated that the lease to mine the commodity
will be auctioned to the public in February 2008.Our records also indicate that you do have the legal right to access
the property to conduct reclamation activities only.
At present, under the Construction Material Rules and Regulations, you have two options. Option one is to commence
reclamation and complete the reclamation of the affected area within five years. Option 2 is to request that the Division
grant you Temporary Cessation Status, which will be denied since you have lost your lease to mine the commodity. In
accordance with Rule 1.4.11, you may appeal our decision to the Mined Land Reclamation Board. If you choose to
appeal, we will schedule the matter before the Mined Land Reclamation Board during the next regularly scheduled
monthly hearing after receipt of the appeal. At that time you may ask the Boazd to grant your request for temporary
cessation status.
With respect to the problem cited in Robert Oswald's inspection report of January 15, 2007, it appears that you have
demonstrated the legal right to enter and conduct reclamation operations, thereby addressing the problem. However,
as stated above, you must commence reclamation or submit a request to go into temporary cessation. Please advise us
of your intentions within 30 days of receipt of this letter. If we do not hear from you in that time, we may pursue a
possible violation for failure to complete reclamation in a timely manner.
If you have any questions, please contact me at 303-866-4926.
Y W
Antho .Waldron "
Senior Environmental Protection Specialist
Cc: Berhan Keffelew-DBMS
Robert Oswald-DBMS
ONice of Office of
Mined Land Reclamation Denver Grand Junction Durango Active and Inactive Mines