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~ ~ iii iiiiiiiiiiiii iii STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St., Room 215 Denver, CO 80203 Phone: 13031 866-1567 FA%: (303) 832-8106 November 29, 1993 Mr. Brice Lee 940 County Road 119 Hesperus, CO 81326 -f ~ kt pF' COQ ~~{ Mc i °~ ~r ~ f8]6 Roy Romer Governor Michael B. Long Division Director Re: Horvath Pit 1 (Permit M-77-546) Request for Information on Reclamation and Termination of Permit Dear Mr. Lee: Attached you will find information on the reclamation plan approved for the Horvath Pit which I have extracted from our file. While the requirements of the plan are fairly general in nature, the Division would expect that these be met before any release of your reclamation responsibility and bond could be approved and the permit terminated. Termination of the permit would, of course, mean that you would no longer be required to pay annual fees and file annual reports for the pit. By having the permit transferred to you in conjunction with purchase of the property from the previous owner, you became the recognized permittee and it became your obligation to complete the reclamation of the pit regardless of whether you have mined any material from it or not. If some one else were the permittee, it would be their obligation to reclaim, but I am not sure you would want to transfer the permit to someone else unless you were prepared to let them mine in the area and live with the possible consequences of that, ie. enlargement of the pit, additional traffic, noise, dust etc. You mentioned that you had not conducted any reclamation of the pit since you became the permittee and property owner but that some sloping of the sides of the pit had previously been done and some natural revegetation of the site had occurred. If, after reading the requirements of the reclamation plan, you feel that reclamation has been completed at the site, you may wish to follow the procedures described under Rule 7.7 (2) of the Mineral Rules (copy attached) and request release of your reclamation responsibility and bond. The Division will inspect the site in response to your request, weather conditions permitting, and, if the Division agrees that reclamation has been completed, the Division will approve your request, return your bond, and terminate the permit. Not having seen the site, I cannot say whether this is a practical course for you to follow or not.