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~5 ~ ~~~' ~ Adequacy Items SI-IB AGRA Project E92-7075 Page 2 Attachment 2 contains the revised Exhibit C-1 map and list of owners of permanent man- made_stmcttzres wilxtin 2 feet of the affected area. There is also a model letter which Southdown will send to all the listed owners prior to the initiation o-f mmmg_ Please supply the division with a copy of a letter from the Colorado Department of Health as to whether the importation of mine waste from Dowe Flats to the Lyons Quarry Site (Permit No. M-77-208) requires a Certificate of Designation permit or you rein the process of obtaining one. ine waste is not being imported from or delivered to Dowe Flats. The applicant met with the Division of Minerals and Geology and the Department of Health on this issue on December 29, 1993. A letter from the Colorado Department of Health, indicating that a Certificate of Designation is not required, is forthcoming. Attachment 3 contains a chemical analysis of the cement kiln dust from the existing quarries as compared to Dowe Flats. 3. Fxhi i D - Phased Mining Plao -Concerning the document entitled "PhasinE of Mining and Reclamation. Dowe Flats Project" dated October 8, 1993, the Division bas the following questions and requests: • a. On page 1, it is stated that "the average maximum annual disturbed acreage over the life of the project will be 100 acres or less." What is the maximum disturbance at any one time during the life of the project" The-mac-imu is u ap t any one time during the life of the project is ~@@~ppproximately 115 acres. is occurs in year 10. "Disturbance" is defined as lan~tat~tntd ing mining or reclamation that has not achieved the final vegetative cover or has not yet achieved cover crop growth. The use of the word disturbed here is not intended to be synonymous with areas that are able to have the final bond released. b. On page 4, you state that a cover crop will be planted to provide a quick vegetative cover on areas that have been topsoiled and that "...At this point in time, the class cation of disturbed acreage no longer applies." This is not true. The final seed mix must be planted and established in compliance with the provisions of Rule 6 standards before the area can be removed from the disturbed or affected area category. Therefore, areas stabilized with a cover crop will need to be included in the reclamation bond for final plant mix seeding and vegetation establishment. The use of the word "disturbed" was primarily intended for visual impact purposes. Once an area had a cover crop growing on it, the visual impact of disturbed, non-vegetated land would be greatly reduced. We agree that the areas AG RA Earth & Emironmenre/Croup