2008-02-22_PERMIT FILE - M2006073

• Permit No: M2006073
• IBM Index Class Name: PERMIT FILE
• Doc Date: 2/22/2008
• Doc Name: Financial warranty split
• From: DRMS
• To: Sean Frisch
• 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 22, 2008
COLORADO
DIVISION O f
RECLAMATION
MINING
-&-
SAFETY
Bill Ritter, )r.
Governor
Harris D. Sherman
Executive Director
Sean Frisch
Ronald W. Cattany
Land Planner Division Director
Lafarge North America, Inc. Natural Resource Trustee
10170 Church ranch Way, Suite 200
Westminster, CO 80021
RE: Sundance Sand and Gravel Pit; DRMS File No. M-2006-073; Financial Warranty
Dear Mr. Frisch:
On January 31, 2008 DRMS received your letter requesting an amendment to split your
required financial warranty into three phases. Your request details a proposal to post an
initial financial warranty for phase I followed by posting additional financial warranty
prior to entering each successive new phase of mining described as phases IIa and IIb.
The Division has no problem with the general concept for this approach, unfortunately,
there is no mechanism for amending or revising an approved permit application, which is
the present status of the Sundance Sand and Gravel Pit. Once issued, reclamation permits
can be revised or amended, however, your permit has not been issued at this time.
In accordance with Rule 4.1(2), 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 provision 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. According to our records, your financial and performance
warranties must be received and approved by April 19, 2008.
Therefore, you will need to post the amount of the financial warranty as approved in your
application approval letter ($3,254,883.00) along with the completed performance
warranty so that the permit can be issued by April 19, 2008. Once the permit is issued,
you can submit a technical revision requesting a phased approach to posting the financial
warranty as outlined in your January 31, 20081etter. Once that revision is reviewed and
approved, a new financial warranty amount reflecting the changes approved in that
revision can be posted.
Office of Office of
Mined Land Reclamation Denver Grand Junction Durango Active and Inactive Mines