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~ III IIIIIIIIIIIII III ~ - STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman $L, Room ?18 DNnver, Colorado 80?03 Phone' 1303) 866-3567 FAX (703) 83?-8106 May 22, 2001 Mr. Robert Darnell Bent County PO Box 350 Las Animas CO 81054 Re: Adequacy Letter, Bent County Pit #2 Permit Application, File Number M-2001-019 Dear Mr. Darnell: ~~ DIVISION O F MINERALS GEOLOGY REC LAM AiION MINING•SAFETY RiII Owens Governor Greg E Waleher Exec W rve DrteClOr Michael B Long Division Director The Division completed its technical review of your referenced permit application. In order to meet the minimum requirements of [he Act/Rules and Regulations the following items must be addressed: Rule 6.4.3(d) -the total azea to be involved in the operation, including the azea to be mined and the area of affected lands must be shown on the pre-mining and mining plan maps. This is regarding the access road. As defined in Rule 1.1(3), affected land means the surface of an area within the state where a mining operation is being or will be conducted, which surface is disturbed as a result of such operation. Affected land shall not include off-site roads which existed prior to the date on which notice was given or permit application was made to the office and which were constructed for purposes unrelated to the proposed mining operation and which will not be substantially upgraded to support the minine operation. As long as the existing access road is not substantially upgraded there is no need to include it in the affected land area (permit area). However, if the road is substantially upgraded it must be incorporated into the permit area. The road can be incorporated into the permit area during this application review process (by revising the permit area acreage) if you plan to upgrade the road. Or, you can amend your permit at some later date to incorporate the road if you currently do not have plans to upgrade the road but make a decision later on that the road needs to be upgraded. The road is not required to be reclaimed if the landowner asks (in writing) that it be left as is after mining ceases at the site. 2. Rule 6.4.4(e)(i) -you need to provide an estimate of the periods of time which will be required for the various stages or phases of the operation. (e)(ii) -you must provide a description of the size and location of each area to be worked during each phase. (e)(iii) -you need to outline the sequence in which each stage or phase of the operation will be carried out.