PERMFILE136056

• Permit No: M2005012
• IBM Index Class Name: Permit File
• Doc Date: 11/28/2006
• Doc Name: Reconsideration of Appl Approval After 365 Days, Reschedule
• From: DRMS
• To: Nick H. Gray
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
'v'ncenlhcr 2R, 200Fi
Nick Gray
584 65.30 Road
Montrose, Colorado 81401
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COLORADO
DIVISION OF
RECLAMATION
MINING
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Bill Owens
Governor
Russell George
~/ ~/ Executive Director
RE: Gray Pit #~2 Sand and & Gravel Mine; File No. M-200d-012 Ronald W. Cottony
Division Direcor
~1Reconsideration of Application Approval After 365 Days /1eulletOHl~ / Namral Resource Trustee
Dear Mr. Gray,
On October 13th, 2006 the Division of Reclamation, Mining and Safety sent you a letter outlining the
necessary steps in order for the Mined Land Reclamation Board to review your application after the
bond was not submitted after 365 days.
Rule 4.1(2) of the Construction Materials Rules and Regulations, states;
"No permit maybe issued pursuant to the Act until the Board or Office receives and approves
the Performance and Financial Warranties required herein. If these warranties are not
received within one calendar year of approval of an application for any new permit,
amendment or conversion, the Board shall hold a hearing, in accordance with the notification
and comment provisions of Rule 1.6, to reconsider the previous approval. If the Board
affirms the original application approval, the Board shall establish a new deadline for
submittal of the Financial and Performance warranties If the required warranties are not
posted by the date set by the Board, the application shall be denied.
The Division has received the.Financial and Performance Warranties and a copy of the Public Notice.
The final date of publication is noted as November 28, 2006. By Rule the Comment Period runs for
20 days until 5:00 PM on December 14th, 2006. This date unfortunately is 1 day past the scheduled
Board Hearing on the 13th of December 2006. Therefore, the Board cannot by law act on the
reconsideration motion. Staff has no choice but to postpone the hearing until the January l 0`h~l 1 `h,
2007 Hearing in order to comply with the Act and the Law.
A Formal Public Hearing will be held during the January lOrh and 11th, 2006 Board meeting for
reconsideration of the previous approval of application. The hearing will be held in Room 318 of
1313 Sherman Street, Denver, Colorado, beginning at 9:00 a.m. on January 11th, and at 9:00 a.m. on
the 13th or as soon thereafrer as the matter can be considered. At that hearing you will have the
opportunity to be represented and heard.
Office of Office of
Mined Land Reclamation Active and Inactive Mines