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..-l <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />7 313 Sherman SI., Room 215 <br />Denver, Colorado 80203 <br />Phone. (303) 866J567 <br />FAX. 1703)83?-8106 <br />December 5, 2000 <br />Mr. 3oe Gagliano <br />Barnhart Agency, Inc. <br />212 W. 13'" St. <br />Pueblo, CO 81003 <br />RE: Walsenburg Gravel Pi[ (File M-2000-092) Results of Division's adequacy review of I IOc permit application <br />Dear Mr. Gagliano: <br />DIVISION OF <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MINING•SAFETY <br />gill Owens <br />Governor <br />Creg E. Walther <br />Execwive Director <br />Michael B. Long <br />Div~s~an Director <br />The Division has completed its review of the adequacy of the permit application for the Walsenburg Gravel Pit and <br />has identified the following concerns: <br />NOTICES: The permit application does not contain evidence of the publication of a newspaper notice of the <br />application as required by Rule 1.6.2(1)(d). <br />OK" The applicant must provide evidence of satisfying the requirements of this Rule in order that the Division <br />be able [o consider approval of the application. <br />WARRANTIES: Although the City of Walsenburg is not required to provide a Financial Warranty guaranteeing the <br />completion of reclamation for the site, a Performance Warranty is required in order that a permit be issued. There is <br />~~ no Performance Wartanty furnished with the permit application. <br />The applicant must provide an acceptable Perfornance Warranty in order that [he Division be able to issue <br />a permit for the operation. <br />EXHIBCC A (RULE 6.3.1(2)): The map provided with the permit application is a good one, but the legal <br />description of the permit made in the upper left corner is confusing. The description appears to include all the <br />access road, i.e. newer and older portions, in the permit area. In addition, that portion of the access road that the <br />n Division understands is to be included in [he permit area, i.e. the last 800 tee[, is not outlined in the fashion, i.e. <br />~` with the type of line, as indicated in the map legend or used for [he bulk of-the permit area. <br />ae The applicant should provide a revised Exhibit A map (and Exhibit E maps) that includes only the legal <br />description of the land intended to be included in the permit area and also outlines all land intended to be included <br />:,tf dpi( in the proposed permit area with the type of line that corresponds to the map legend. <br />~-B'~ ~ EXHIBIT C (RULE 6.3.3(b)): it appears that the topsoil salvaged and stockpiled is not intended for immediate use; <br />Y~ therefore it should be stabilized with vegetative cover as required by this Rule. There is no commitment in the <br />permit application to do this. <br />The applicant should commit to stabilize the stockpiled topsoil and describe how that will be done. <br />U~'t EXHIBCp C (RULE 6.3.3(k)): The Rule requires a description of how refuse or acid or toxic producing materials <br />_I~P/' will be handled and disposed if exposed during mining and not a statement indicated that they will not be exposed. <br />`, ~tl/" The applicant should meet the requirements of this Rule. <br />N III IIIIIIIIIIIII III <br />STATE OF COLORADO <br />( EXHIBIT D (RULE 6.3.4(c )(ii)): The statement "40N/A available N and P ....will be applied ...at the rate of <br />~` 4,000k?A." is obviously confusing. <br />The applicant must clarify the meaning of this statement. <br />