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• • iii i uiii iii <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanment o(NaWraf Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80207 <br />Phone: (303) 866-3567 <br />FAX:13031832-8106 <br />June 7, 1996 <br />II~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />Govrrnui <br />lame> 5. Lnchhead <br />Exeanive Direr wr <br />Mr. Robert Samples Micharl N. long; <br />25949 RDT9 Die i~ion unetvv <br />Brush, Colorado 80723 <br />RE: Morgan County's Foiles Pit; Permit No. M-79-210, Amendment No. <br />1; Adequacy Review <br />Dear Mr. Samples: <br />The Division of Minerals and Geology has reviewed your amendment <br />application for Morgan County's Foiles Pit for compliance with the <br />Colorado Land Reclamation Act for the Extraction of Construction <br />Materials. In general, the application is well organized and <br />contains the required information; however, there are a few <br />sections that will require additional information, including <br />whether this application can be processed as an amendment to a 110 <br />Permit. <br />The application was submitted as an amendment to a 11o permit, <br />which covers disturbances of ten acres or less. with the <br />additional area (4.68 acres) that is being added through this <br />amendment, the permit area will be greater than ten acres (12.81) <br />in size. The Division believes that it is your understanding that <br />the 2.93 reclaimed area A is to be released from the permit and <br />then the existing area (Area B) and proposed addition (Area C) <br />would be less than ten acres (9.88). However, no record exists in <br />our files that would indicate a performance warranty release has <br />been conducted for Area A. Therefore, the Division cannot process <br />this action as an amendment to a 110 permit, unless a successful <br />performance warranty release is conducted for that portion of the <br />Foiles Pit that has been reclaimed. This of course assumes that <br />the release is granted and the remaining pit size is less than ten <br />acres. <br />Therefore, in order for the Division to process this action as an <br />amendment to permit No. M-79-210, Morgan County must submit a <br />request for release of performance warranty in accordance with rule <br />4.16 of the Construction Rules and Regulations of the Colorado <br />Mined Land Reclamation Board. Upon receipt of this request, the <br />Division will proceed with the performance warranty release, <br />