2014-04-24_REVISION - M1977522 - Laserfiche WebLink

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Steve O'Brian Page 2 of 5 April 25, 2014 Please set the current permitted acres to 110 on the AM02 application form and revise the application as needed unless you can provide documentation to substantiate a different value. DRMS will then adjust the permitted acreage to the appropriate current value through the approval of AM02 in order to reconcile the permitted acreage to current survey data and conditions on the ground. Also see comments on Exhibits C and D regarding total permitted acres. EXHIBIT C - Pre - mining and Mining Plan Map(s) of Affected Lands (Rule 6.4.3): The total acreage(s) reported on the map submitted (52.92 +9.36 +28.08) gives a proposed permitted acreage total of 90.36 acres. This does not correspond with the acreage listed on page 1 of the application form or throughout the remainder of the application (90.63ac). This appears to be due to a 0.27 ac discrepancy between the combined acreage shown on the map for east and west areas (81 ac), and the acreage reported in item (c) on the first page of Exhibit D (81.27 ac). Please verify the acreage(s) and revise submittal as needed for consistency. Also see comments on Exhibit D regarding total permitted acres. EXHIBIT D - Mining Plan (Rule 6.4.4): Exhibit D as submitted proposes to "relocate" a portion of the southern permit boundary, which currently follows the property/section line and runs through the Cache LaPoudre River, to the top of the north bank of the river. This seems to be a practical boundary adjustment; however this would release the currently permitted north bank area of the river from the permit area. Current DRMS policy does not allow for the release of permitted acreage through the amendment process. Therefore, the permittee will need to release this acreage under a subsequent partial release request (perhaps at the same time the request for the industrial parcel is submitted) instead of as a part of AM02. For the purposes of AM02, the current southern permit boundary should continue to be used. Please revise the acreage totals and submitted maps as appropriate. With the future release /adjustment in mind, DRMS will need some additional information before approving the proposed release for the area along the southern property boundary. At what point (what year) was the channel straightened to approximately follow the southern property boundary, eliminating the historic channel that used to flow along the west side and through the center of the current site? The FIRM Panel dated 1982 submitted in Exhibit G shows the river in its historic channel. If the river was straightened after this site was permitted in 1977, then DRMS would state that the permittee is clearly responsible for the proper reconstruction and stabilization of the new channel within the current permit, regardless if that area was mined or not. In addition Army Corps of Engineers (ACOE) or other regulatory approval may be required. Does the existing northern river bank and site configuration in this area comply with the Weld County and/or City of Greely floodplain development requirements? If the permittee can demonstrate that ACOE approval is not necessary, and that the local floodplain regulatory entity is satisfied with the current configuration of the river bank in that area, it would certainly facilitate DRMS approval of the subsequent release request. The Mining Plan submitted does not discuss any additional mining in the eastern area of the permit; however the reclamation plan map seems to indicate that this eastern water body will be expanded and the