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RE: Prowers Aggregate Operators, LLC. —West Farm Pit—Permit No. M-2008-078 <br /> 112c Permit Amendment Application (Revision No. AM-01) <br /> Adequacy Review No. 2 Response 1124119 <br /> -2- <br /> 4) The operator's response to item no. 32 proposes submitting groundwater measurement <br /> data to the Division on an annual basis. The Division accepts this reporting frequency, and <br /> recommends the groundwater data be submitted with the annual report. The operator's <br /> response further commits to notifying the Division if groundwater levels change significantly <br /> from historic seasonal levels. Please specify the length of time from learning of such a <br /> change that the Division will be notified. <br /> Response: The operator will notify the Division within 30 days if groundwater <br /> levels change significantly from historic seasonal levels. <br /> Exhibit L- Reclamation Costs (Rule 6.4.12): <br /> 5) The operator's reclamation cost estimate does not include revegetation costs for Parcel B <br /> for which the operator proposes a post-mining agricultural use. Please add costs for <br /> revegetating Parcel B in the reclamation cost estimate. <br /> Response: Costs for revegetating Parcel B have been added to the reclamation <br /> cost estimate. See the attached revised Reclamation Cost Summary Table and <br /> Exhibit L Reclamation Bond Estimate Calculation. <br /> 6) The operator's reclamation cost estimate appears to cover a total disturbance of 272.58 <br /> acres. Therefore, the maximum disturbed area for this site will be set at this acreage <br /> amount. Please be advised, prior to disturbing additional acreage or to changing the type of <br /> disturbance on any portion of this acreage, the operator must first submit a Technical <br /> Revision that includes a revised reclamation cost estimate. <br /> Response: The operator acknowledges that prior to disturbing additional acreage <br /> or changing the type of disturbance on any portion of this acreage, they must first <br /> submit a Technical Revision that includes a revised reclamation cost estimate. <br /> Exhibit S - Permanent Man-Made Structures (Rule 6.4.19): <br /> 7) The operator provided a copy of the structure agreement sent to Atchinson, Topeka, and <br /> Santa Fe Railroad. However, the Division could not find a Certified Mail Receipt <br /> demonstrating this agreement was mailed to the structure owner. There is a Certified Mail <br /> Receipt submitted on which the name is illegible and the address reads 4200 Buckingham <br /> Road, Suite 110, Fort Worth, TX 76155. This address is different than the one given on the <br /> structure agreement, 108 E. Beech St., Lamar, CO 81052. Please clarify whether the <br /> Certified Mail Receipt described above is for the Atchinson, Topeka, and Santa Fe <br /> Railroad. <br /> Response: Yes, the certified mail receipt described above is for the Atchinson, <br /> Topeka, and Santa Fe Railroad. Our initial attempt to deliver the agreement to the <br /> railroad's local address in Lamar was returned because they would not sign for <br /> the certified mail. We were directed by Burlington Northern Santa Fe Railroad, <br /> who is the successor to the Atchinson, Topeka, and Santa Fe Railroad, to send <br /> the agreement to JLL in Fort Worth. JLL is the railroad's property manager. They <br /> are the company who deals with all of the railroad's real estate and permit issues. <br /> We left the local address on the agreement to identify the local office that is in <br /> proximity to the project/gravel mine. See the attached certified mail receipt and <br /> USPS tracking report. <br /> v 305 Denver Avenue-Suite D•Fort Lupton CO 80621 •Ph: 303-857-6222•Fax:303-857-6224 <br />