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ii i iiiiiiiiniiiiii • STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Nomral Resources I l l3 Sherman 51.. Room 215 Den.-rr, Colorado 80'_03 D I v 15 1 0 N O F Phone. 13031866-356% MINERAL 5 FAX~.13031 H3'_-8106 & GEOLOGY RECLAMATION MINING•SAFETY June 24, 1999 RJI Owens Gnernnr Greq E. walchm E.ecuuve D~reaor Michael Applegate n,icnael a Lnng Tuttle Applegate, Inc. oar Linn olieiinr 11990 Grant Street, Suite 304 Denver, CO 80233 RE: Adequacy Review -Connell Resources - Timnath Connell Pit Application, File No. M-99-050 Dear Mr. Applegate: The Division has completed its review of the above referenced application. Please be advised that this application may be deemed inadequate, and may be denied on Jtlly 26, 1999 unless the following adequacy review items are addressed to the satisfaction of the Division. 1) The Division has received comments from Mr. Swift expressing his concern with the possible effects of the proposed pit dewatering on his ponds located soLlth of the proposed permit area. The Division has not identified any proposal in the application for monitoring the levels in the Swift Ponds or a mitigation plan for providing water to these ponds if the levels do drop. If required, could some of the dewatering water be used to provide water to these ponds consistent with Colorado water laws? Please provide a monitoring plan and mitigation plan for these ponds. 2) The application states that "The proposed plan (for relocation of the Box Elder Ditch) will require the approval of the Ditch Company. Final engineering plans and a letter of approval will be provided to DMG once they are received." Please note that until the letter of approval and the plans are received and approved by the Division, no disturbances may be made within 200 feet of the ditch. With a demonstration of the stability of the ditch banks the DMG could approve a mine plan for mining closer than 200 feet from the ditch, but no relocation could be done prior to plan approval and permission from the Ditch Company. 3) The Division has provided Tuttle Applegate, Inc., with the Office of State Engineer's (OSE) "Response to Reclamation Permit Application Consideration" for this permit application. This response states that prior to obtaining a permit (well permit) an approved water supply plan or decreed plan for augmentation is required. The Division will require that no mining be done below the groundwater table until a SWSP plan is approved by the OSE. 4) Permanent Man-Made Structures (Exhibit S)