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III IIIIIIIIIIIII ifl ~ ~ <br />DIVISION OF h11NERALS AND GEOLOGY <br />Deparmrenl of vac~ral Re~ou:ces <br />I S l l Sherman 5; . F.oom. ? I S <br />Denvrr, Coluraclo DO?U3 <br />Fhrns: D031 a66J5h7 <br />rnx: aml n I~ e I or, <br />July 5, 1999 <br />Robert Congdon <br />Avalanche Creek Marble & Alabaster LLC <br />367 Avalanche Creek Road <br />P.O. Box 783 <br />Carbondale. Colorado 81623 <br />RE: Avalanche Creek Marble & Alabaster LLC, File No. M-99-042 <br />White Banks Mine; Adequacy Review <br />Dear Mr. Congdon. <br />Listed below are adequacy review comments on the White Banks Mine l 10(2) Application for File <br />Number M-99-042. The Division of Minerals and Geology (Division) is required to make an approval or <br />denial decision no later than July 22, 1999, therefore, your response to the following adequacy review <br />concerns should be submitted to the Division as soon as possible. <br />1. Please submit the proof of publication of the public notice circulated in the local newspaper and all <br />owners of record of surface lands that are within 200 feet of the boundary of the affected land. Proof <br />of notice may be return receipts of a Certified Mailing or by proof of personal service. <br />2. Rule 6.2 General Requirements of Exhibits The maps and exhibits submitted by the applicant need to <br />be signed and dated. In addition, the entire permit area must be depicted on the Portal Bench/Mine <br />Yard Exhibit E. <br />3. Rule 6.3.12 Exhibit L The applicant notes Forest Service Road (FDR 3 ] 0) to be within 200 feet of the <br />affected area. Rule 6.3.12 states where the mining operation will adversely affect the stability of any <br />significant, valuable or permanent man-made structure located within 200 feet of the affected land, <br />the applicant may either; <br />• provide a notarized agreement between the Applicant and the Person(s) having an interest in the <br />structure, that the Applicant is to provide compensation for any damage to the structure; OR <br />• where such an agreement can not be reached, the Applicant shall provide an appropriate <br />engineering evaluation that demonstrates that such structure shall not be damaged by activities <br />occurring at the mining operation. <br />4. Rule 6.4.4 Exhibit D-Mining Plan The applicant states at some point a small second opening will be <br />required for ventilation and escapeway purposes, but the location has not been determined. Please be <br />aware that prior to installing the escapeway the disturbed area must be incorporated into the permit <br />area, described in the mine plan and reclamation plan, and included in the reclamation cost estimate. <br />STATE OF COLORADO <br />~~ <br />DIVISION OF <br />MINERALS <br />GEOLOGY <br />R E C L A M A T I O N <br />MI NIN G•$AFETY <br />Bill Uwens <br />Governor <br />Creg E. bValcher <br />Enecuove Ovenor <br />Michael B Lang <br />Division Oveas <br />