2019-07-09_REVISION - M2004044 (30)

Home Browse Search

t Jared Ebert July 8, 2019 Page 17 of 18 We have updated our records to reflect the new address. Mined Land Reclamation Board Conditions of Approval 44. The Colorado Mined Land Reclamation Board ("Board") conditionally approved the original permit application for the permit number M-2004-044 for the Tucson South Resource site with five conditions. Please review and address each of the five conditions of approval. Please specifically explain how these conditions are addressed with this Amendment application. If the Applicant believes a condition is no longer applicable, please explain in detail the basis for that assumption. The Conditions of Approval for Permit M-2004-044 are addressed as follows: 1. If final specifications for construction of the slurry walls differ from the draft specifications, Aggregate Industries will provide DMG a copy of the final version for review, as a technical revision; The applicant will comply with the condition as stated. 2. Aggregate Industries' mining operation will not intersect ground water in Phases 2,3,'and 3A until the DMG has reviewed and accepted the final slurry wall construction report, including quality assurance test results; The mining cells referenced above are now the East and West mining areas. The applicant will comply with the condition as required. 3. Aggregate Industries will not expose ground water to the surface in Phases 1,2,3, or 3A until a copy of a document from the State Engineer's Office proving that it is legal to do so is provided to the DMG; The applicant is in compliance with the above condition. An approved Temporary Substitute Supply Plan was submitted to the Division to address this condition. 4. Aggregate Industries will not affect land within 200 feet of the Brantner Ditch, Brighton Ditch, Kerr McGee oil and gas well pipelines and appurtenances or the Union Rural Electric overhead power line and poles until a notarized agreement between the applicant and the persons having an interest in the structure(s) that the applicant is to provide compensation for any damage to the structures) or Aggregate Industries otherwise complies with the requirements of Rule 6.4.19(b) or(c); and The applicant is in compliance with the condition as stated. The application as amended demonstrates that mining and reclamation activity will not take place within 200' of the Brantner Ditch. The applicant has submitted agreements the Brighton Ditch Company, Union Rural Electric (United Power) and Kerr McGee (Great Western). Aggregate Industries will not affect land within 200' of the Brighton Ditch, Union Rural Electric (United Power) and Kerr McGee facilities until an agreement between Aggregate Aggregate Industries—WCR,Inc 1687 Cole Blvd Suite 300 Golden,CO 80401