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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1373 Sherman St., Room 275 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />July 3, 2003 <br />COLORADO <br />DIVISION OF <br />MINE6RALS <br />GEOLOGY <br />0.EC LAMATION•NINING <br />SAFETY•SCIENCE <br />Environment, 1nC. gill Owens <br />Mr. Steve O' Brian cGVernor <br />7985 Vance Drive, Suite 205A Greg E. Walther <br />Arvada, CO 80003 Executive Director <br />Ronald W. Cattany <br />RE: DMG File M-1987-113• Church Ranch's Rocky Flats Pit File Status Division Director <br />> > Natural Resource Trustee <br />Dear Mr. O'Brian: <br />You recently contacted the Division inquiring as to what steps would be necessary for the <br />Division to issue the permit on File M-1987-113. As you know the application was approved on <br />November 20, 1987 but the financial warranty was never submitted, therefore, the permit was <br />never issued. Due to the length of time since the permit application was approved, there are 2 <br />opfions for consideration of this application. <br />Option 1 would be for you to withdraw the approved application and begin with a new <br />application that will more accurately reflect the various changes that have occurred since 1987. <br />Option 2 would require scheduling this matter for a hearing before the Mined Land Reclamation <br />Boazd to reconsider the previous approval per Rule 4.1(2). Since it has been longer than 365 days <br />from when the application was approved, this matter must appeaz before the Mined Land <br />Reclamation Board for reconsideration ofthe previous approval if option 2 is followed. The <br />Division's position is that the application is no longer valid and our recommendation to the Board <br />will be to deny the application. <br />Furthermore, if opfion 2 is considered, the applicant must notice all adjacent landowners of their <br />intention to activate the site and provide them a window of opportunity to comment and be <br />apprised of the date of the hearing at least 30 days prior to the boazd hearing. Since there is not <br />enough time before the July meeting to allow 30 days notice, the soonest this matter could be <br />scheduled is for the August 28, 2003 MLRB meeting which will be held in Pueblo, Colorado. <br />If you have any questions about these options or any other matter concerning File # M-1987-113, <br />please contact me at 303-866-3567. <br />ly, \`-``'^~\\ <br />Anthon . Waldron <br />Environmental Protection Specialist <br />Ec: Bruce Humphries-DMG <br />Cazl Mount-DMG <br />Harry Posey-DMG <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />