2014-05-21_REVISION - M1998071 - Laserfiche WebLink

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reclamation map unless they can demonstrate that they will be in compliance with applicable State Engineer's Office (SEO) requirements. Please revise the reclamation plan to remove reference to creating "ponds" or demonstrate that they will comply with SEO requirements. Reference is made to the following statement in the plan for reclamation: "Two or three small depressions may be left in the creek flow areas in hopes that water might accumulate and be available for wildlife once the pit completed." Rather than actual construction, this process would be simply be leaving small depressions when the final slopes within the creek area are smoothed out. The reclamation goal for the pit is to enhance wildlife habitat, which is already noted by the planting of plum thickets and cedars immediately east of the open pit. The State Engineer's Office has specific requirements for dams. Those are: "In order to have safe dams, Colorado dams have to be designed and built to be safe. Therefore, the Dam Safety branch has developed Rules and Guidelines and Standard Forms for all stages of the dam permit or dam alteration process. Jurisdictional Size Dams must be approved by the State Engineer before construction. These dams are structures having a statutory height greater than ten feet to the spillway crest, or creating a reservoir with more than 100 acre - feet of water, or covering more than 20 acres at the high waterline. Non Jurisdictional Size Dams are smaller in size than jurisdictional size dams. Plans and specifications are not required for construction, however, filing of a Notice of Intent to Construct a Non - Jurisdictional Water Impoundment Structure is required." The intent for reclamation for the Fryrear Pit#2 would be the creation of small depressions (less than 113 acre with a height of one to two feet) to supplement water needs of wildlife. In checking with the State Engineer's Office, no review or approval is required to construct a non - jurisdictional water impoundment structure. Notice of intent to construct is required. A copy of that form is attached. It is to be filed a minimum of 45 days prior to construction. We will commit to filing a notice of intent to construct as reclamation occurs. EXHIBIT F - Reclamation Plan Map (Rule 6.4.6): Please remove "pond" text and designations from the reclamation maps unless the permittee can demonstrate that these ponds will be in compliance with applicable State Engineer's office requirements. The reference to pond has been removed on the map showing final contours. By filing a notice of intent to construct a non - jurisdictional water impoundment structure we will be in compliance with requirements of the State Engineer's Office. EXHIBIT L - Reclamation Costs (Rule 6.4.12): DRMS currently holds a bond for the Fryrear Pit #2 site in the amount of $47,000 calculated in 2007. The total disturbed area measured from a June 2013 aerial photo is currently 24 acres, resulting in a current reclamation cost average of $1960 /ac. The inspection conducted by DRMS in November of 2013 also did not observe mining taking place at 3:1 slopes. Therefore, DRMS does not feel that the reclamation estimate provided in this amendment of $9800 is representative of current site conditions. The current $47,000 reclamation bond will remain in effect at this time. In accordance with the phased mining approach proposed in this amendment, additional disturbed area within the new permit area, or surety reduction will not be allowed/approved until either additional bond is posted as necessary to reclaim the proposed additional disturbance, or reclamation of an appropriate portion of the currently disturbed area is completed.