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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />May 21, 2003 <br />DIVISION O F <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MINING•SAFETY <br />Mr. Jerald A. Seifert Bill Owens <br />198 Range View Loop Governor <br />Greg E. Walther <br />WeStChffe, CO 81252 Executive Director <br />Ronald W. Cattany <br />RE: Seifert Construction's Boyer Pit ; DMG File No. M-2002-122; Recommendation Division Director <br />for Approval of a 112 Construction Materials Reclamation Permit Application <br />with Stipulation(s) and over Objections <br />Deaz Mr. Seifert: <br />On May 12, 2003, the Division of Minerals and Geology issued a recommendation to <br />approve your 112 Construction Materials Reclamation Permit Application, with <br />stipulations, and over objections. Since there were objections to the application, this <br />matter must appear before the Colorado Mined Land Reclamation Board for a fmal <br />decision of staff's recommendation, and has therefore been placed on the agenda for their <br />May, 28-29, 2003 meeting. That meeting will be held in Denver, Colorado beginning at <br />10:00 a.m. on the 28s' at 1313 Sherman Street, Room 318. <br />At stated, this recommendation to approve is being conditioned on the following <br />stipulation(s) <br />STIPULATION # 1 <br />A reportable spill is a spill of any toxic or hazardous substance (including spills of <br />petroleum products) within the mined land permit area reportable to any Division <br />of the Colorado Department of Public Health and the Environment, the National <br />Response Center, the Colorado Emergency Planning Commission, any local <br />Emergency Planning Commission, local Emergency Planning Committee, or the <br />State Oil Inspector. The Mine Operator shall notify the Division of Minerals and <br />Geology (DMG) of a reportable spill within the mined land permit area using the <br />same timeframe required by the permit, license, notice, statute, rule or regulation <br />governing the reporting of the spill to the other appropriate agency. Notice of a <br />reportable spill shall be FAXed to: Minerals Program Supervisor, Division of <br />Minerals and Geology, FAX (303) 832-8106. The FAX shall include acall-back <br />number of a responsible company ofTicial for DMG staff to use a contact. <br />Finally, in accordance with Rule 1.4.9(2)(c), attached to this letter is a copy of the <br />Division's Rationale for Recommending Approval. This rationale identifies issues raised <br />by the division and the objectors and provides a basis for the recommendation. <br />