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Ducray Pit#2 <br /> Page 1 of 8 <br /> 597 Ravenwood Lane Cv GCS Srn � <br /> Grand Junction, Colorado 81507 xd� <br /> July 17, 2019 <br /> Colorado Division of Mining, Safety, and Reclamation (Division) <br /> Department of Natural Resources <br /> 1313 Sherman Street, Room 215 <br /> Denver, CO 81650 <br /> Subject: Comments for File No. M-2019-035 (Martinez Western Constructors) <br /> Application Received by the Division on June 17, 2019 <br /> Enforcement Actions Associated with File No. M-2018-018 <br /> The subject application for Ducray Pit#2 does not acknowledge impacts from the <br /> mining activity to the Mary Ann Sink Trust property located at 60122 Y2 Road. The <br /> impacts are encroachment, slope sliding, fence damage,and road damage. Future <br /> potential impacts are storm water runoff damage,and damage from leach field <br /> failure. All impacts and future potential impacts need to be included in the <br /> application and adequately addressed for proper reclamation. The application is <br /> incomplete and inadequate in many other areas as well. <br /> If the applicant is unwilling or unable to identify the impacts, and to perform a <br /> complete and quality reclamation of the impacts, then an adequate surety <br /> performance bond needs to be obtained for such. A partial reclamation is not <br /> acceptable. <br /> The application proposes to reclaim the affected land to "Residential" use when the <br /> original application was "Rangeland" use. A July 2, 2018 Preliminary Review by the <br /> Division of the Ducray Pit#1 stated,"12. If post mining land use is to be residential <br /> then additional construction would be occurring on the mine site. Though this mine <br /> site is adjacent to a residence the Division feels that rangeland is a more appropriate <br /> post-mining land use." Additional construction occurring on the reclaimed mine <br /> site would destroy the reclamation effort and should be specifically precluded in the <br /> reclamation only permit. Additional construction will increase storm water runoff <br /> and is not compatible on top of a reclaimed mine site that is being re-vegetated, <br /> contains storm water retention controls,and is located in the center of an <br /> ephemeral drainage. The landowner chose on how to use his property by agreeing <br /> to allow the operator to extract material for commercial use without a permit. If <br /> this extraction had been legally permitted,the amount of material removed would <br /> have been significantly less, if approved at all,the extraction would have been <br /> properly monitored including adherence to setbacks, and the operator would have <br /> been required to reclaim the site to normal standards. The reclamation only permit <br /> needs to require the same normal standards be met. The application is asking for <br /> normal standards to be waived in numerous areas: for example normal use of site <br /> RECEIVED <br /> JUL 18 2019 <br /> DIVISION OF RECLAMATION <br /> MINING AND SAFETY <br />