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f ~ • III IIIIIIIII IIII III • <br /> STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman SI., Room 215 y <br /> <br />Dem~er, Colorado 80207 Il <br />~~ <br /> <br />Phone: 0031 ft66-3567 I <br />FAX: 1303) 832-8106 <br />December 16 <br />1997 DEPARTMEM" OF <br />, NATURAL <br /> RESOURCES <br /> Roy Romer <br /> Governor <br />Me Robert A. Lucero )amen 5. Lochhead <br />County Planner E~eculive Director <br />Las Animas, Count <br />y Micna2~ B. EonX <br />Division Dueaor <br />200 E. First Room 104 <br />Trinidad, Colorado 81082 <br />RE: Adequacy Concerns, Pern7it Number M-97-100 Branson Pit <br />Dear Mr. Lucero: <br />The Division has reviewed you 1 10 permit application and has the following concerns. <br />EXHIBIT "B" <br />On the narrative, you stated that the only man made structure with in 200 feet of the permit area <br />is a barbed wire fence and that you plan to stay and adequate distance from it and if for some <br />reason the barbed fence is damaged due to your operation, you plan to repair the damage <br />immediately to the satisfaction of the land owner. In accordance with Rule 6.3.12, a notarized <br />agreement between the landowner and the operator is required. <br />It is also stated that "the proposed pit is located in an azea where runoff from the pit goes directly <br />onto rangeland. However, under Exhibit "F'~, list of other permits, the operator stated that you <br />were informed by CDOH&E that you do not need a discharge permit. If water from [he pit is <br />discharged to undisturbed areas outside the pern7it, the pit will be considered a point source and <br />would require a discharge permit. If the pit floor is only used as a detention for storm water <br />control, it might not even need a storm water permit because under the clean water act, counties <br />with less than 50,000 population, are not required to obtain a storn7 water pern7it. Please contact <br />the Health Department Water control Division to determine if a permit is needed. <br />EXHIBIT "D" <br />Under this exhibit, it is stated that "upon completion of top soiling the entire area will be seeded <br />to cover crops of oats". However, the grain seeding plan submitted with the application shows a <br />species of mix of.western wheat grass, sideoats Grama, Blue Grama & yellow Sweet Clover. <br />