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• • III IIIIIIIIIIIIIIII <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman BI., Room ?15 <br />Denver. Colorado 80203 <br />Phone (303) 866-3567 <br />FAX 1303) 83:-8106 <br />November 29, 2000 <br />Mr. Jeffrey S. Simonson P.E. <br />Schmueser Gordon Meyer, Inc. <br />118 W. 6'h Ste 200 <br />Glenwood Springs, CO 81601 <br />RE: Roaring Fork Resources, Mamm Creek Application No. IVI-2000-113 <br />Dear Mr. Simonson: <br />DIVISION OF <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MINING•SAFETY <br />Bil I O+rens <br />Governo, <br />Greg E. watcher <br />E+ecmive Dheaor <br />Michael 8. loop <br />Division Ducuor <br />In response to your letter received on November 3, 2000 on behalf of the City of RiFle, concerning the Mamm <br />Creek permit application the Division is providing the following information. <br />l.) The Division is in the process of reviewing [he application and has prepared two adequacy <br />review documents concerning Hydrologic Issues and Geomorphic Stability Issues. Additional <br />issues concerning wildlife, threatened and endangered species and the heron rookery will be <br />addressed by the Division. Copies of our two adequacy review documents are enclosed. The <br />Division may have other adequacy issues depending on the answers that are received from [he <br />applicant. <br />In response to item I in your letter you mention that you anticipate [hat Roaring Fork Resources <br />will need to acquire all of the listed permits prior to any approvals from the Division of <br />Minerals and Geology (the Division). Please note [ha[ the Division and the Mined Land <br />Reclamation Board (MLRB only have authority to regulate mining and reclamation activities <br />and not other permits or approvals regulated and enforced by other government agencies. <br />The MLRB regulations only require [he applicant to list other permits and licenses required for <br />its mining operation. See Rule 6.3.6. However, it is the operation of the laws governed by <br />other governmental agencies that may require the applicant to acquire additional approvals or <br />permits. The applicant need not acquire these approvals or permits prior to issuance of a mining <br />reclamation permit. <br />In response to item 8 of your letter, the "Colorado Land Reclamation Act for the extraction of <br />Construction Materials" 34-32.5-101 etc seq, under 34-32.5-117(4)(a) states "The Board shall <br />prescribe the amount and duration of financial warranties, taking into account the nature, extent, <br />and duration of the proposed mining operation and the magnitude, type, and estimated cost of <br />planned reclamation." In addition 34-32.5-I 17(4)(a) states in part "A financial warranty shall <br />be sufficient to assure the completion of reclamation of affected lands..." The Act in 34-32.5- <br />103 defines "Affected Land" as "The surface of an area within the Stale where a mining <br />operation is being or will be conducted, which surface is disturbed as a result of an operation." <br />The act does not make any provision for bonding for off-site (downstream properties) impacts. <br />However, Section 34-32.5-116(4)(h) does require that "Disturbances to the prevailing <br />hydrologic balance of the affected land and the surrounding area and to the quality and quantity <br />of water in surface and groundwater systems, both during and after the minine operation and <br />during reclamation, shall be minimized." The Division will take appropriate measures to <br />