2008-02-08_PERMIT FILE - M2006003

• Permit No: M2006003
• IBM Index Class Name: PERMIT FILE
• Doc Date: 2/8/2008
• Doc Name: Reconsideration of application approval
• From: DRMS
• To: Hall-Irwin Corporation
• 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]
/February 8, 2008
COLORADO
D I V I S I O N O F
RECLAMATION
MINING
-&-
SAF ETY
Bill Ritter, Jr.
Jeff Gregg Governor
Hall-Irwin Corporation Harris D. Sherman
301 Centennial Dr. Executive Director
Milliken, CO 80543 Ronald W. Cattany
Division Director
/ Natural Resource Trustee
RE: Hall-Irwin Corporation; Parker-Dersham Resource; File No. M-2006-003
reconsideration of Application Approval
Dear Mr. Gregg,
It has come to our attention that the financial warranty for Parker-Dersham Resource application was
not submitted and approved within one calendar year of approval. The application was approved on
June 14, 2006 and the complete financial warranty in the amount of $974,000.00 has not been
received to date.
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."
Because a Financial warranty has not been received and approved within one calendar year of
approval, a hearing must be held to reconsider the previous approval. Please be aware that the
applicant must re-notice the application in a paper of general circulation in accordance with Rule
1.6.5(1) and notify any new surface owners easement owners and owners of structures within 200
feet that are different than what was submitted m the on 'pal a lication. As an alternative, the
operator can avoid a hearing by withdrawing the application in writing prior to the hearing date.
A Formal Public Hearing will be held during the April 9-10, 2008 Board meeting for reconsideration
of the previous approval. The hearing will be held in Room 318 of 1313 Sherman Street, Denver,
Colorado, beginning at 9:00 a.m. on April 9th, and at 9:00 a.m. on April 10th or as soon thereafter as
the matter can be considered. At that hearing you will have the opportunity to be represented and
heard.
Following the hearing, the parties will have an opportunity to review and comment on a draft of the
Board's order if requested. If you wish to do so, you must provide the Board with a written request to
review the draft order at or before your hearing, or you may request to review the draft order at the
Office of
Mined Land Reclamation Office of
Denver Grand Junction Durango Active and Inactive Mines