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F~B-25-2003 Tl1E d3;i0 PM PETERSEN & FONDA, PC 719 542:8515 <br />Colorado Division of Mining and Geology <br />FebrUar:y 25, 2003 <br />Page 2` . <br />P, 03 <br />to call'tHe Division's attention to Page 1 of the 5'ahd and gavel <br />Lease which was supplied in response to that January 2 letter. <br /> <br />Ib grov;des under the "Right to Remnsre- Products" paragraph _an <br />ittitial:•lease period beginning January 1, 2003 £or five (5) years.. ': ,. <br />c'~:. <br />with a single "preferential right of xenewal" far an .additional <br />five (5j years. The application appears to <br />be a "lifetime of <br />. <br />mine" permit request. -The application suggests that -the i <br />antic~p~ted "lifetime" would extend through the year 2045. Given ;,~ <br />the nature of the lease term, we submit that the application ''`~ <br />fails to Comply with Division requirements for an ongoing right <br />1 <br />to .enter consistent with the suggested life of thetine. This <br />inconsistency will certainly not allow for the incremental <br />removal of materia~ suggested in the application. `I <br />K'fie Goloxado Department of Transportation in its <br />February 7.1, 2003 letter to the Division, suggests additional <br />concerns. Tha praposed site abuts State Highway 69~.hence the <br />' State Highway right~of-way. The application does not address the <br />I drainage issue. A;substantial set-back may solve this problem, <br />but nothing in the;appllcatlon addresses that concern. <br />Alternative drainage could impact natural surface water even more <br />~ <br />adversely: <br />The January 29, 2003 Division of Water Resources Conditions <br />fox Approval suggest even greaten water concerns. The <br />application implies a somewhat superficial mining operation <br />despite;tho fact that economically recoverable material exists at <br />depths~of possib~y 40 or 50 feet. This more complete use of the <br />resource,-although resulting in less disturbance to surface area, <br />could have adverse impact to local ground water resources, <br />ineludirig;those Pf,Wolf Springs Ranches, Inc., which own several <br />of the~~~rells clo'est to the proposed excavation/mining site. The <br />application does~not even pose this as an alternative but merely <br />seeks approval fpQr a quick and dirty removal of surface material. <br />Th1s approach islparticularly troublesome in view of the Colorado <br />Degartment of Wildlife's material submitted with the application <br />at the iounty level. The Colorado Department of Wildlife, in <br />that material, deemed it necessary to limit removal of material <br />to 5-acre:inarements with reclamation occurring at the conclusion <br />f each`5~acre operation. Despite that recommendation, the <br />pplica~ion contains increments of almost three times Chase <br />ubmittedby the Colorado Department of Wildlife. <br />In t2ieir evaluation of this application dated August <br />2, the'Colorado Department of Wildlife suggested-that <br />Permit may be required on this project. The Corps of <br />}, <br />27, <br />a <br />