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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />COLORADO <br />DIVISION O F <br />RECLAMATION <br />MINING <br />- &- <br />SAFETY <br />DATE: January 30, 2008 Bill Ritter, Jr. <br />Governor <br />TO: Ron Cattany; DRMS Director Harris D. Sherman <br />David Berry; Interim Director; Office of Mined Land Reclamation Executive Director <br />Ronald W. Cattany <br />FROM: Erica Crosby Division Director <br />Natural Resource Trustee <br />RE: Monroe Excavating, Inc.; Monroe Excavating Deadman Pit; Permit #M-2007-036 <br />Summary and Status of the Mine <br />On August 12, 2007 the MLRB found Monroe Excavating LLC to be in violation for mining without a permit. <br />The sand and gravel site is approximately 3.8 acres and is located in Red Feather Lakes, Larimer County. The <br />MLRB ordered Monroe Excavating to obtain an 110c Mining and Reclamation Permit, and pay civil penalties <br />in the amount of $3,700.00. <br />On December 10, 2007 the Division issued the 110c Construction Materials Permit to Monroe Excavating with <br />the posting of the $137,600.00 financial warranty. Two adjacent property owners appealed the Division's <br />decision to approve the 110c Permit. The Appellants are the Archdiocese of Denver and Ed and Judy Seward. <br />The appeal will be before the MLRB at the February 13-14, 2008 hearing. <br />The main concern from the Archdiocese of Denver is the stability of the church in relation to the adjacent mine <br />site. The pit is approximately 30 feet from The Lady of the Lakes Catholic Mission Parish. The three <br />independent stability evaluations conducted by Monroe Excavating (Smith Geotechnical Engineering), the <br />Division (Allen Sorenson of DRMS) and the Archdiocese of Denver (Terracon) all concur that the slope <br />adjacent to the church will be stable with the recommended backfilled slope of 2h:ly. As noted above, the area <br />was mined illegally so obtaining 2h:ly slopes will require a combination of grading the highwall and importing <br />and compacting backfill. <br />The slopes are currently 1 t/zh: lv, as noted in the report provided by Terracon dated January 4, 2008. As a <br />stipulation to the 110c Permit, Monroe Excavating has until March 1, 2008 to reduce all pit slopes to the <br />proposed configuration (however, this date may need to be extended until weather conditions allow for backfill <br />and compaction of the slope to achieve 2h:lv). The Division imposed a second stipulation to the permit <br />requiring Monroe Excavating to annually inspect and document the angle of all pit slopes and report the <br />findings in the Annual Reclamation Report. <br />During the Pre-Hearing meeting it was noted that Mr. Seward and the Archdiocese of Denver have no <br />confidence that Monroe Excavating will maintain the slopes as required for the life of the mine. They have <br />requested that this site be inspected quarterly by the Division to ensure that slopes are maintained and the <br />adjacent structures are protected. The Division agreed to inspect the pit slope configurations this spring, but <br />feels that quarterly inspections thereafter is unwarranted. Once the 2h:ly slope is achieved adjacent to the <br />church, no further mining can take place in that area. Annual reporting by the operator and the routine <br />inspection by the Division should be sufficient to ensure compliance with the slope requirement. <br />cc: Carl Mount; DRMS <br />Allen Sorenson; DRMS <br />Office of <br />Office of Denver Grand Junction Durango Active and Inactive Mines <br />Mined Land Reclamation <br />