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• ~ iii iiiiiiiiiiiiiii~ DEPARTMENT OFNATURALRESOURCES Davitl H. Gelche5, Executive Director MINED LAND RECLAMATION DIVISION DAVID C. SNELTO N, Dlreetor Richard D. Lamm Governor February 1, 1985 Mr. Randy Neil Neil's Ex~:avation 1786 C. R.. 509 Ignacio, Colorado 81131 Re: Tea:as Creek Pit - File No. 80-143 Dear Mr. Neil: The receipt of the endorsement from the Continental Insurance Company that raised the amount of bond number 191 16 82 caused me to review the entire Situation concerning this permit file. I discovered that there are several things that still need to be accomplished before the succession of operators to your company can be complete and approved by our Board. These things should be accomplished at your earliest convenience. In this way, the Board can approve the succession of operators for this permit during the February 27-28, 198'i meeting. First of all, the succession of operators form has been received and is in the permit filf~. I reviewed this form, and it is adequate with one minor change. This change' is a correction of the date of original permit issuance from "October 27, 1981" to the correct date (as given in our file) of "October 27, 1980". 1 made this change on the form, and unless I hear from you to the contrary, I will assume that the change meets with your approval. Thus, this form is now acceptable. My review of the warranty documents revealed several problems. That is why the reclamation bond and the accompanying endorsement is being returned to you in this mailing. First of all, this form is no longer used for posting financial warranties with our Division, and I have been advised by our Attorney General's representative that we cannot accept this form. Furthermore, you will note that the representative of the surety company did not sign the bond form. This invalidates the bond, in any case. I have encl~~sed two forms which are now used for the bonding of reclamation permits. The first is a Performance Warranty form. This form is to be filled out by you +Ilone, without the participation of the surety company. It requires your notarized signature. The second form is the Financial Warranty - Corporate Surety form. This is the form that you and the surety company use to execute the bond. You will note that it requires both your notarized signature and a notarized signature by an authorized representative of the surety company. 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567