MINED LAND RECLAMATION BOARD MEETING

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MINED LAND RECLAMATION BOARD MEETING MINED LAND RECLAMATION BOARD/STATE OF COLORADO, Public Notice in conformance with the Sunshine Administrative Procedures Act, C.R.S. 1973. The Mined Land Reclamation Board will hold its monthly meeting on Wednesday, April 13, 2005, at 1313 Sherman Street, Room 318, Denver, Colorado, beginning at 10:00 a.m. Due to the statutory deadlines and other responsibilities and requirements, the following Mined Land Reclamation Board Meeting AGENDA IS TENTATIVE AND WILL BE REVISED. If you have any questions on specific Agenda Items, please contact the Division at 303.866.3567. In accordance with the Americans with Disabilities Act, persons needing auxiliary communicative aids and services for these Meetings may call Glenda Williams at 303.866.3929, giving her at least five (5) working days notice. 1. Change of Chair April 2005 to October 2005 Dan Ellison Chair Harry Javernick - Vice-Chair Staff Presentation by Bruce Humphries: ** 2. Formal Public Hearing MINERALS PROGRAM / Rule-making Consideration of the adoption of the revised Rules and Regulations for the Extraction of Construction Materials and the Statement of Basis, Purpose, and Statutory Authority, specifically for changes to Rules 1.4.1(8); 1.4.9(1); 1.4.9(2)(c); 1.6.2(1)(e) and (f); 1.7.1(2)(a), (b), and (c); 1.10.1(3); 2.6(1); 2.6(2)(a) and (b); 2.7.1; 2.7.2; 2.7.3(1); 2.7.3(4); 2.8.1(1); 2.9.3; 3.1.13; 3.2(5)(c); 3.3.4; 4.1(2); 4.1.2(5); 4.5.8(a); 4.9.3; 4.12.1; 4.14; 4.15; 4.16(1); 4.17.(2); 4.20; 6.3.3(b); 6.3.7; 6.3.12; and the addition of an Index to the Rules. (30 minutes) ** 3. Formal Public Hearing MINERALS PROGRAM / Rule-making Consideration of the adoption of the revised Rules and Regulations for Hard Rock, Metal, and Designated Mining operations and the Statement of Basis, Purpose, and Statutory Authority, specifically Rules 1.4.1(7); 1.4.1(8); 1.4.9(1); 1.4.9(2)(b) and (c); 1.5.7; 1.6.2(1)(e) and (f); file:///c /Documents%20and%20Settings/db1/Desktop/Agenda/apr05.htm (1 of 6)8/23/2011 2:18:04 PM

1.7.1(2)(a), (b), and (c); 1.10(2); 1.10(3); 2.6; 2.7.1; 2.7.2; 2.7.3; 2.7.3(4); 2.8; 2.9.3; 2.9.4; 3.1.13; 3.2(5)(c); 3.3.4; 4.1(2); 4.1.2(5); 4.3.2; 4.3.5; 4.3.11; 4.5; 4.8(4); 4.9.3(c); 4.12.1(b); 4.13; 4.14; 4.15; 4.15.1(1); 4.15.1(2)(a); 4.15.1(4); 4.16.2(6); 4.17; 4.18; 4.19; 4.20; 5.1.1(1), (2), and (3); 5.1.2(a) through (h); 5.1.3; 5.2; 5.3.1; 5.3.2; 5.3.3.(1), (2), and (3); 5.3.4(1) and (2); 5.3.5; 5.3.5(1); 5.3.6; 5.4.1; 5.4.2; 5.4.3; 5.4.4; 5.4.5; 5.5; 5.6; 5.7; 5.8; 6.3.1; 6.3.3; 6.3.7; 6.3.12; 6.4.1; 6.4.19; and the addition of an Index to the Rules. (1 hour) * Items Sunshined after publication of the Tentative Agenda ** Items where Presentation Times have been Estimated. Note: The Board may rearrange the Agenda, after the Call to Order. Staff Presentation by Allen Sorenson: ** 4. Formal Public Hearing CLIMAX MOLYBDENUM CO. File No. M-1977-342 P. O. Box 68 Empire, CO 80438-0438 Clear Creek and Grand Counties, Sec. 22, T2S, R77W, 6 th P.M., 11,877.50 acres, 112-d underground molybdenum mine; Henderson Mine and Mill site. Consideration of the operator s request that water rights deeds of trust be accepted as partial fulfillment of bonding obligations (continued from the March 2005 Board meeting). (30 minutes) Staff Presentation by Kathleen Sullivan: ** 5. Formal Public Hearing AGGREGATE INDUSTRIES WCR, INC. File No. M-1999-034 1707 Cole Blvd., Ste. 100 Golden, CO 80401 Adams County, Secs. 16-17, T2S, R67W, 6 th P.M., 399 acres, 112 sand and gravel; Cooley Reservoir and Fulton Wildlife Area site. Consideration of a request for clarification of a stipulation/condition of a June 25, 2003 Board Order, amended October 29, 2003 (continued from the March 2005 Board meeting). (30 minutes) Staff Presentation by Larry Oehler: ** 6. Formal Public Hearing AGGREGATE INDUSTRIES WCR, INC. File No. M-2004-044 1707 Cole Blvd., Ste. 100 Golden, CO 80401 file:///c /Documents%20and%20Settings/db1/Desktop/Agenda/apr05.htm (2 of 6)8/23/2011 2:18:04 PM

Adams County, Sec. 1, T1S, R67W, 6 th P.M., 290.7 acres, 112c surface sand and gravel; Tucson Resource Mine site. Consideration of a 112c permit application for which objections have been received (continued from the January 2005 Board meeting). (45 minutes) Staff Presentation by Kate Pickford: ** 7. Formal Public Hearing AMES CONSTRUCTION, INC. File No. M-1999-118 18450 E. 28 th Ave. Aurora, CO 80011 Weld County, Sec. 19, T4N, R61W, 6 th P.M., 30 acres, 111 borrow; Borrow Area C-Potthoff site. Consideration of a possible notice of violation, cease and desist order, corrective actions and civil penalties for failure to post an entrance sign and boundary markers delineating the affected area. (20 minutes) ** 8. Formal Public Hearing AMES CONSTRUCTION, INC. File No. M-2000-007 18450 E. 28 th Ave. Aurora, CO 80011 Weld County, Sec. 21, T4N, R61W, 6 th P.M., 30 acres, 111 borrow; Borrow Area D-Yocam site. Consideration of a possible notice of violation, cease and desist order, corrective actions and civil penalties for failure to post an entrance sign and boundary markers delineating the affected area. (15 minutes) ** 9. Formal Public Hearing AMES CONSTRUCTION, INC. File No. M-2000-011 18450 E. 28 th Ave. Aurora, CO 80011 Weld County, Sec. 24, T4N, R62W, 6 th P.M., 30 acres, 111 borrow; Borrow Area B-Equus site. Consideration of a possible notice of violation, cease and desist order, corrective actions and civil penalties for failure to post an entrance sign and boundary markers delineating the affected area. (15 minutes) file:///c /Documents%20and%20Settings/db1/Desktop/Agenda/apr05.htm (3 of 6)8/23/2011 2:18:04 PM

Staff Presentation by Tawnya DeHerrera: **10. Formal Public Hearing ALLEN P. SMALL TRUCKING & EXCAVATING File No. M-2000-103 13577 CR 213 - La Posta Rd. Durango, CO 81301 La Plata County, Sec. 9, T34N, R9W, 10 th P.M., 1.25 acres, 110c borrow; A.P.S. Trucking and Excavating, Inc. site. Consideration of permit revocation and financial warranty forfeiture for failure to pay the civil penalty (the operator paid the annual fee and submitted an annual report.) (10 minutes) **11. Formal Public Hearing MOREY CONSTRUCTION CO. File No. M-1979-043 2516 Lake Drive Loveland, CO 80538 Larimer County, Sec. 18, T5N, R69W, 6 th P.M., 23.80 acres, 112c sand and gravel; Kaiser Pit site. Consideration of permit revocation and financial warranty forfeiture for failure to pay the civil penalty (the operator paid the annual fee and submitted an annual report.) (10 minutes) **12. Formal Public Hearing OLDCASTLE SW GROUP, INC. File No. M-1995-074 d/b/a Four Corners Materials P. O. Box 2707 Durango, CO 81302 Montezuma County, Sec. 2, T35N, R14W, 10 th P.M., 78.00 acres, 112c sand and gravel; Keith Pit site. Consideration of permit revocation and financial warranty forfeiture for failure to pay the civil penalty (the operator paid the annual fee and submitted an annual report.) (10 minutes) **13. Formal Public Hearing AVALANCHE CREEK MARBLE File No. M-1999-042 & ALABASTER, LLC 0367 Avalanche Creek Carbondale, CO 81623 Pitkin County, Sec. 28, T9S, R88W, 6 th P.M., 3.50 acres, 110(2) gypsum, marble and quartz; White Banks Mine site. Consideration of permit revocation and financial warranty forfeiture for failure to pay the annual fee and civil penalty and submit an annual report. (10 minutes) file:///c /Documents%20and%20Settings/db1/Desktop/Agenda/apr05.htm (4 of 6)8/23/2011 2:18:04 PM

Staff Presentation by Harry Posey: * 14. Formal Public Hearing ** ROCKY MOUNTAIN MINERALS File No. M-1984-191 Mr. Lyle Knisley 1618 Willow Street Cañon City, CO 81212 Fremont County, Sec. 8, T20S, R70W, 6 th P.M., 9.80 acres, 110 surface sand and gravel; Serc Surface Mine site. Consideration of a request for reconsideration of a Board Order. (30 minutes) **15. Approval of Summary of March 2005 Minutes (5 minutes) **16. Continuances and Withdrawals (5 minutes) **17. EDO, Director and AGO Reports (20 minutes) file:///c /Documents%20and%20Settings/db1/Desktop/Agenda/apr05.htm (5 of 6)8/23/2011 2:18:04 PM

apr05rev file:///c /Documents%20and%20Settings/db1/Desktop/Agenda/apr05.htm (6 of 6)8/23/2011 2:18:04 PM