2009-04-23_ENFORCEMENT - M2007035

• Permit No: M2007035
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 4/23/2009
• Doc Name: Reconsideration of Application Approval
• From: DRMS
• To: Glenn E. Sessions & Sons, Inc.
• Email Name: PSH
• 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 COLORADO
D I VI I S ION OF
Phone: [phone] RECLAMATION
FAX: [phone] MINING
April 23, 2009 SAFETY
Gordon Brocker
Mr Bill Ritter, Jr.
. Governor
Glenn E. Sessions & Sons, Inc. Harris D. Sherman
33492 Highway 125 Executive Director
P.O. Box 1076 Ronald W. Cattany
Division Director
Walden, Colorado 80480 Natural Resource Trustee
RE: Glenn E. Sessions & Sons, Inc.; Bond Pit; File No. M-2007-035
Reconsideration of Application Approval
Dear Mr. Brocker,
it has come to our attention that the financial warranty for Bond Pit application was not submitted
and approved within one calendar year of approval of Permit Application No. M-2007-035. The
application was approved on September 17, 2007 and the required financial warranty in the amount
of $35,527.00 has not been received to date.
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 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 caper of general circulation in accordance with Rule
1.6.5(1) and notifv anv surface owners. easement owners and owners of structures within 200 feet
of the affected area. 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 May 13-14, 2009 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 May 13th, and at 9:00 a.m. on May 14th or as soon thereafter
as the matter can be considered. At that hearing you will have the opportunity to be represented
and heard.
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines