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<br />Mr. Peter Hays -2- <br />We believe that a technical revision would be inappropriate in this situation because a batch <br />plant has a significant impact on the DOE's surface interest. The DOE does not believe that a <br />batch plant is allowed as part of the "extraction of sand, gravel and clay" under the reserved real <br />property rights for minerals for the Rocky Flats Pit. Pursuant Rule 1. 12, an amendment to the <br />Mining Plan would be required in this instance. In addition, should Bestway vacate the property <br />at any point in the future, the removal of the batch plant and the reclamation required would <br />exceed the value of the performance bond currently in place. As a result, even if the batch plant <br />were to be allowed over the DOE's objections, the amount of the performance bond should be <br />increased. It is our belief that this would also require a hearing. Please note that during the <br />public process which an amendment would require, the DOE will be objecting to the addition of <br />the batch plant to the subject Mining Plan. <br />We would greatly appreciate a meeting with you to discuss this matter. In the meantime, <br />however, we respectfully request that you do not accept or approve a technical revision from <br />Bestway for the Rocky Flats Pit. Please feel free to contact me at (720) 377-9683, to discuss this <br />matter further. <br />Sincerely, <br />Steven R. Schiesswohl <br />*- 2009.07.09 14:20:40 <br />-06'00' <br />Steven R. Schiesswohl <br />Realty Officer <br />Enclosure <br />cc w/enclosure: <br />T. Aug, EMCBC (e) <br />L. Kilpatrick, DOE (e) <br />S. Surovchak, DOE (e) <br />W. Teer, Stoller (e) <br />Project File RFS 1415.10 <br />Property Management File RFS 1415.10 (B. Gallagher)