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MLRB Summary of Minutes - October 15, 2008 Pale 3 <br />Consideration of Bond submitted pursuant to consent decree with Resurrection and Newmont <br />in regard to the Black Cloud Mine. <br />Also present: Allen Sorenson, Elizabeth Taliaferro <br />The Board heard an update from Ms. Linden regarding the performance guarantee required to <br />be submitted by Resurrection and Newmont by September 29th. A letter of credit was received. <br />Ms. Linden has sent a letter regarding a number of items should have been in the bond but were <br />not. <br />Staff Presentation by Tony Waldron: <br />6. Formal Public Hearing <br />BP AMERICA PRODUCTION COMAPNY 44- zoos. -04/ <br />1660 Lincoln Street, Suite 2900 <br />Denver, CO 80264 <br />La Plata County, Surface Excavation for Borrow Materials. Request for a Declaratory Order <br />exempting the operator from the need to obtain a reclamation permit. <br />Also present: Michael Wozniak, Esq., David Brown <br />The Board granted the petitioner's request for a declaratory order exempting the operator from <br />the need to obtain a reclamation permit as long as (1) the excavation occurs in Archuleta <br />County or La Plata County from a well pad site; (2) the excavation is less than 30,000 cubic <br />yards; (3) the primary purpose of the excavation must be for reclamation of a well pad site; (4) <br />there must be no processing of materials on site; (5) there must be no sale of the materials to a <br />third party; (6) and any material transported off-site must go to another site controlled by the <br />same operator. <br />Staff Presentation by Michael Cunningham: <br />7. Formal Public Hearing <br />DERR DARWIN ...File No. M-2008-017 <br />Darwin Derr <br />699 N. First Avenue <br />Greeley, CO 80631 <br />Also present: Derr Darwin, Douglas Darwin <br />Weld County, Sec. 4, T5N, R65W, 6th P.M., 39.19 acres, 112c sand and gravel. Consideration <br />for a possible notice of violation, cease and desist order, corrective actions and civil penalties <br />for failure to obtain a reclamation permit prior to engaging in a new mining operation. <br />The Board found the operator in violation of C.R.S. 34-32.5-109(1) for failure to first obtain a <br />reclamation permit prior to engaging in a new mining operation. The Board issued a cease and <br />desist order until the operator receives approval for a 112c Construction Materials Reclamation <br />Permit. The Board ordered the operator to secure a reclamation permit for the application <br />within 90 days of the signed Board Order. The Board further ordered the operator to post an <br />interim bond in the amount of $1,500.