2015-10-02_PERMIT FILE - M2015030 (2)

Home Browse Search

VA5PHALT SPECIALTIES CO. 10100 Dallas St. • Henderson, C080640 • (303) 289-8555 • Fax: (720) 289-7707 September 28, 2015 RECOViM Mr. Eric Scott Environmental Protection Specialist OCT G `" ZO 15 Colorado Div. of Mining, Reclamation and Safety DIVISION OF RECLAMATION 1313 Sherman Street, Room 215 MINING AND SAFETY Denver, Colorado 80203 RE: Placement of Markers on Western Permit Boundary, Chavers Mining Resource, File No. M-2015-030 Dear Mr. Scott: Per your request to mark the northwest and southwest permit corners (or more accurately, where the permit boundary leaves the east bank of the South Platte River and extends into the river itself) as noted in your pre -operational field inspection of 9-16-2015, please see the following enclosed information. I have marked the northwest and southwest locations with lath. These markers will remain throughout the permitting process. Cattle are the only animals that would disturb these markers and there are, and will not be, any cattle grazing in this area. I have noted the locations on two enclosed maps with accompanying photos of each site. I did not really know what else to call these locations other than "permit corners", as they are not the actual corners of the site, but DRMS personnel could see these locations easily if needed. They are accurately shown by location on the maps. Also in response to this request, I looked carefully at the wording of 3.1.12, Signs and Markers. As you may recall, I was surprised that you asked for these locations to be marked. I have never marked a DRMS permit boundary, only the mining limit (understanding that most permit boundaries are property boundaries and fenced). That is how I read 3.1.12, as being the boundary of the "affected area" (which is defined by the Rules as "Affected Land"), not the permit boundary. Please also see the enclosed pages of the Rules. Mining outside of the defined mining limit is usually the most common type of infraction mistake with boundaries, which sometimes will coincide with the permit boundary, but will often not. As we recently experienced at our Turnpike mining site, having the mining boundaries marked ("affected land") is critical. We will be permanently marking the entire west side of the permit area for the edge of mining at the beginning of the operation. We want to make absolutely clear where the mining limit is located in this area. The mining limit on the other three sides of the permit area is simply a setback from the slurry wall location and fence lines and that can be marked much more sporadically. Please confirm my interpretation of 3.1.12. In either case, the locations are now marked as you have requested. Please contact me if there are any further issues with the permit boundary marking and we look forward to your adequacy review of the submittal soon. As information, the Planning Commission of Fort Lupton recommended approval to the City Council of the mining site and reservoir with no changes to the resolution. The hearing was over in 20 minutes. This occurred on 9-2-2015. Sincer , Ro aird Resource Manager cc: file 'T.Wt,