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iii iiiiiiiiiiiu iii ~ <br />~~ <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmenl of Natural Resources ,~ryO <br />Denverh Colorado 80203215 ~~0.,s ~:~~G ~'~~ <br />Phone: (303) 866-3567 <br />FAa: (303) 832-8106 NOV ~ g ~~ <br />Oivisivn of MinorBls ant Cvolugl <br />FIB ~;-~ZUUD- v <br />S1iE: A'S T~~~"`~ <br />DIVISION OF <br />MINERALS <br />GEOLOGY <br />0.EC LA MATION <br />MINING•SAFETY <br />November 14, 2001 <br />Allen P. Small <br />~, EKcvV war ~ twc~ <br />APA1~`"'flow ~'~~ <br />Bill Owens <br />Governor <br />Greg E. Walther <br />Ezerurive Director <br />Allen P. Small Trucking and Excavating, IRG. Michael B. Long <br />13577 County Road 213 Division Director <br />Durango, CO 81301 <br />Re: A.P.S. Trucking and Excavating, Inc., File No. M-2000-103, Application for 1lOc Permit, <br />Financial Warranty Received. <br />Dear Mr. Small, <br />On November 6, 2001, the Division of Minerals and Geology received and accepted the financial <br />warranty for the above-named operation. The receipt date of the financial warranty is that date upon <br />which the Division has reviewed and accepted it. This receipt date is more than 365 days after the <br />Division's approval of the above-named application. That application approval date was October 16, <br />2000. You were notified of that decision and the required financial warranty amount of $7,113, by letter <br />from the Division dated October 16, 2000. <br />The financial warranty that had not been received by the Division for over 365 days has been considered <br />an inadequacy, therefore, the permit was never issued. There is no valid permit to operate at this site. <br />Pursuant to Construction Materials Rule 1.4.1(9), if an application is inadequate, the decision on the <br />application must be made by the Mined Land Reclamation board in a formal public hearing. As you and I <br />discussed last week, the next monthly Board meeting will be held in Denver on December 12 and 13, <br />2001. I will place the request for the Board's consideration of the decision for your application on the <br />Board's December agenda. You are encouraged to attend this hearing to address the Board's questions. <br />Since I reviewed your application, calculated the financial warranty amount, and initially approved the <br />application, I will be present during the hearing to introduce this agenda item, answer questions that the <br />Board may ask the staff, and explain my decision to approve the application. The Board may ask for a <br />"current" staff recommendation on the application. <br />The Mined Land Reclamation Board wilt hold its December 12-13, 2001, meeting at 1313 Sherman <br />Street, Room 318, Denver, Colorado. It is scheduled to begin at 10:00 a. m. on Wednesday, and may <br />reconvene at 9:00 a.m. for additional business on Thursday. At this time, it is not known on which day <br />your hearing will be held. If you have schedule conflicts, please contact me promptly. I will contact you <br />as soon as I find out what the final meeting schedule will be. <br />