GENERAL51043

• Permit No: M1992054
• IBM Index Class Name: General Documents
• Doc Date: 1/8/1996
• Doc Name: NEED FOR STATE RECLAMATION PERMIT FOR LANDOWNER ACTIVITIES IN LA BOCA CANYON LOCATED ADJACENT TO
• From: DMG
• To: FESCO INC
• Media Type: D
• Archive: No

iii iiiiiiiiiiiuiii
•
STATE OF COLORAi~n
v,vu~Vrv ~r mwtun[s AND GEOLOGY
Department of Natural Resources
1313 Sharman $1., Room 215
Denver, CO 80207
Phone: [phone]
FAX: [phone]
pF C0
4~ ~~
°9i b
0
..
~rB]6~•
Roy Rpmer
January 8, 1996 ~~(~~/~~ Governor
!• 1 Michael B. Long
t;J.~~ ,~,~ Division Director
Mr. Walter Bump
FESCO, Inc.
P.O. Box 1895
Bloomfield, NM 87413
RE: Need for State Reclamation Permit for Landowner Activities in La Boca Canyon,
Located Adjacent to Ignacio Gravel Pit, Permit No. M-92-054.
Dear fJlr. Bump:
The purpose of this letter is to follow-up DMG letter dated 10/20/95 and to provide
additional clarification regarding whether excavations of alluvial material within La Boca
Canyon requires a reclamation permit from DMG, DMG has not received a response
from our letter dated 10/20/95.
Enclosed are copies of Rules 1 .2 and 2.5 from the Mineral or Construction Materials
Rules and Regulation of the Colorado Mined Land Reclamation Board. To determine if
you need a permit for your activities within La Boca Canyon, first check Rule 1.2 which
describes activities the Board has determined do not require state reclamation permits.
If you find a match, you can proceed based on your interpretation of the rule, but at
your risk. If you want to be sure or are uncertain how the Rule may apply to your
activity, you should follow the procedures described under Rule 2.5 and petition the
Board for a Declaratory Order exempting your activity from the requirement to have a
state reclamation permit.
The ESoard has directed the DMG to make a preliminary determination, regarding the
petition and to advise you of that determination. A determination by the DMG,
however, does NOT give you the level of protection a Declaratory Order from the Board
gives. If the DMG is uncertain as to your need for a permit, the DMG will schedule a
hearing before the Board for a Declaratory Order.
Please include in your petition answers to the following questions. These are some of
the questions the Board typically asks of petitioners for a Declaratory Order for a waiver
from the requirement to obtain a Mined Land Reclamation permit:
1. Please give the legal location of the proposed project and submit an index
map that clearly delineates the location of the proposed extraction site and
the location of the nearest city, town, etc.