2008-12-18_PERMIT FILE - M2007058

• Permit No: M2007058
• IBM Index Class Name: PERMIT FILE
• Doc Date: 12/18/2008
• Doc Name: Notice of reconsideration of approval
• From: DRMS
• To: J & D Sand & Gravel
• Email Name: GRM
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY v
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
December 18, 2008
Mr. Jack Corson
RECENfED
DEC 2 2 2008
Division of Reclamation,
Kning and Safely

J & D Sand & Gravel
P.O. BOX 85
Baggs, Wyoming 8223321
Re: Sheehan Pit, Application M-2007-058, Notice of Reconsideration of Approval for
Failure to Post Financial and Performance Warranties within 365 days of Approval.
Dear Mr. Corson,
COLORADO
D I V I S I ON OF
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
It has come to our attention that the financial and performance warranties for the above referenced
application were not submitted and approved within one calendar year of approval of the application.
The application was approved on November 12, 2007 and the complete financial warranty in the
amount of $16,496.00 was not received by November 11, 2008.
Rule 4.1(2) of the Construction Materials Rules and Regulations, states;
"No permit may be 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 was not received and approved for the application within one calendar
year of approval, a hearing must be held for the Mined Land Reclamation Board to reconsider the
previous approval. Please be aware that the applicant must re-publish the application in a newspaper of
general circulation in accordance with Rule 1.6.50and notify all surface owners, easement owners
and owners of structures on or within 200 feet of the affected area. As an alternative, if the operator
does not wish to move forward with the application a hearing can be avoided by withdrawing the
application in writing prior to the hearing date.
A Formal Public Hearing will be held during the February 10 and 11, 2008 at the Mined Land
Reclamation Board meeting for reconsideration of the previous approval of application. The hearing
will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at 9:00 a.m. on
February 10, 2009 and at 9:00 a.m. on February 11, 2009 or as soon thereafter as the matter can be
considered. At that hearing you will have the opportunity to be represented and beard.
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines