2019-06-17_REVISION - M2001038 ‎(6)‎

• Permit No: M2001038
• IBM Index Class Name: Revision
• Doc Date: 6/17/2019
• Doc Name: Adequacy Review Response
• From: Environment, Inc.
• To: DRMS
• Type & Sequence: AM1
• Email Name: JLE
• Media Type: D
• Archive: No

Albert Frei and Sons, Inc. Page 7
AFS.-Bennett Pit - M-2001-038 June 17, 2019
20. Please submit documentation a copy of the notice required in Rule 1.6.2(1)(d) was mailed or
personally served immediately after the first publication of the notice to all Owners of Record of
the surface and mineral rights of the affected land; and the Owners of Record of all land surface
within 200 feet of the boundary of the affected land.
Attached are copies of the return receipt cards for the Owners of Record within 200 feet of
the permit area. They are for the second notices mailed on April 19, 2019.
Additional information added to permit exhibits
Albert Frei and Sons, Inc. has added a section to Exhibit C - Mining Plan to address using some
of the topsoil/overburden to install temporary sight berms along the mine boundary in two
locations. These berms will not remain when reclamation is completed at the material will be used
to resoil slopes. Another section as added to explain the mining setback change to the south line
that was required after the Geotechnical Analysis was completed.
Frei install 4 ground water monitoring wells along the south boundary of the mine on June 4,
2019. Even though they do not plan to expose ground water at this time, the elevation data
collected for the first 13 months and then once quarterly, will establish the historic ground
water background data if needed in the future. In addition, throughout the life of the mine AFS
is committed collecting a water quality sample, onetime per year from the central most well. In
other words one sample per year for one well. This data will be retained in the company office
and can be inspected upon request.
These changes are shown on Map Exhibit C-1 - Mining Plan Map.
Agency Comments
The Division has received comments from the Colorado Division of Water Resources and the US
Army Corp of Engineers. Enclosed are their comment letters for your review.
U.S.Army Corps of Engineers(rec. 3/26/19)
A wetland determination was prepared for the mine and it was determine no waters of the US
will be affected by this operation nor will mining take place within the 100 floodplain of Kiowa
Creek. The U.S. Fish and Wildlife Service will be contacted since mining will take place within
300 feet of Kiowa Creek. No fill will be placed in water of the US or wetlands therefore a 404
permit is not needed.
Division of Water Resources(rec. 3/18/19)
Albert Frei and Sons, Inc. understands the DWR's comments and agree with the four points they have raised.
The application packet contains commitments to comply with each.
1 - The floor of the mine and mining will stay at least 2 feet above the groundwater table.
2 - Water used for industrial purposes will come for a source approved for that use.
3 - If the option to build developed water storage reservoir on the mine site is chosen the
reservoir area will be constructed within the 1999 SEO Guidelines.