2008-03-25_GENERAL DOCUMENTS - M1986104 ‎(3)‎

• Permit No: M1986104
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Date: 3/25/2008
• Doc Name: Need for State Reclamation Permit
• From: DRMS
• To: Oldcastle SW Group, Inc. dba B&B Excavating
• Email Name: SSS
• Media Type: D
• Archive: No

STP,TE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY /~
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]

COLORADO
DIVISION O F
RECLAMATION
MINING
- &-
SAF ETY
March 25, 2008 r
Jason Burkey
Oldcastle SW Group, Inc. dba B&B Excavating
P. O. Box 1729
Edwards CO 81632
MAR 3 1 2008
Division of Reclamation,
Mining and Safety
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
Division Director
, / Natural Resource Trustee
RE: Need for State Reclamation Permit for Oldcastle SW Group, Inc. dba B&B Excavating, Montgomery
Pit, DRMS File M-1986-104 ~
Dear Mr. Burkey:
The Division of Reclamation, Mining & Safety received your completed "Need for a State Reclamation Permit"
questionnaire on March 20, 2008. Based on the information contained in the questionnaire response, it is the
Division's opinion that the proposed activities will need to be covered under a reclamation permit from the
Mined Land Reclamation Board. Specifically, it is your intention to excavate and remove material from a
location that is not currently within the boundaries of an approved reclamation permit. The excavated material
is proposed for off-site use as fill dirt. The excavation results in grade reduction for a highwall located on the
boundary of the adjacent Montgomery Pit that was excavated in a manner that is not in compliance with the
approved specifications of Permit M-1986-104. Highwall reduction by means of off-site excavation is
considered to be a mining operation as defined in C.R.S. 34-32.5-103(13). Therefore, prior to conducting the
excavation proposed in the questionnaire response, Oldcastle SW Group, Inc. dba B&B Excavating will need to
secure Division approval of a new permit application or an amendment to Permit M-1986-104 that addresses
incorporation of the subject area into a Reclamation Permit.
If you disagree with our decision, you may petition the Mined Land Reclamation Board for a Declaratory Order
to exempt you from the need to obtain a reclamation permit. This request must be made in writing and be
received no later than 10 days prior to a regularly scheduled board meeting. The next available meeting will be
April 9-10, 2008.
If you have any questions, please contact me at [phone]. Otherwise, we look forward to working with
you during the permitting process.
Sincerely,
Steve S. Shuey
Acting Senior Environmental Protection Specialist
Cc: David A. Berry -DRMS -via email
Carl Mount -DRMS -via email
Mary Rodriguez -DRMS -via email
Travis Marshall -DRMS -via email
Office of
Office of Active and Inactive Mines
Mined Land Reclamation Denver Grand Junction Durango