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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303)866-3567 <br />FAX: (303) 832-8106 <br /> <br />COLORADO <br />DIVISION O F <br />MIN &RALS <br />GEOLOGY <br />REC L/.NATIO N•MINING <br />SAFETY•SQENCE <br />March 13, 2006 / / <br />James L. and Diana K. Watson <br />P.O. Box 383 <br />Meeker, Colorado 81641. / <br />// / v/ <br />Re: Russell Ranch Pit, IIOc Application No. M-2006-008, Objection Letter Response. <br />Dear Mr. And Mrs. Watson: <br />Bill Owens <br />Governor <br />Russell George <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />The Division of Minerals and Geology has received your comments on the above referenced 110c <br />application. These comments are considered an objection to the permit application. Due to an error of <br />omission of the haul road acreage to the proposed site, the applicant has to resubmit maps depicting the <br />haul road as part of the permit area. The applicant wishes to maintain the 1 l Oc status so the boundaries <br />along the north side will be reconfigured to reduce the overall disturbance area. Since there will be a <br />republication, new maps will be placed at the County Clerk's Office. The Division is addressing some <br />of your concerns through the normal review process. Staff has the following information to address you <br />concerns: <br />1) Please be aware that the use of berms for dust and noise control are not required by or the <br />jurisdiction of the Division of Minerals and Geology. However, the use of berms to stockpile <br />topsoil and overburden require adequate measures of protection from wind and precipitation <br />erosion. Staff during the normal review of the application did request more information as to the <br />nature of berms noted on the Mining Map. The applicant's response to the Preliminary <br />Adequacy Review has not been received as of the date of this letter. <br />2) The permit boundaries are more than 200 feet from any property line as observed by staff during <br />the Pre-Operational inspection and within property solely owned by Russell Ranches. Therefore, <br />by Rule 1.6.2(e)(ii) the applicant is not required to identify landowners or structures beyond the <br />200 feet. If you have information that disputes the applicant's landownership, please submit it to <br />staff as soon as possible. <br />3) The issue of a subdivision exemption is not within the jurisdiction of the Division of Minerals <br />and Geology. Please refer this question to your County Planning Department. Since the permit <br />boundaries are beyond 200 feet of any property line, no public notification, other than the <br />newspaper is required by rule. <br />4) Water sources and usage are issues that have been brought to the applicant's attention through <br />the normal review process by the Division. The applicant will have to demonstrate legal right of <br />use to any water source. The Office of State Engineer has been noticed on the application. <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />