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~ iii iiiiiiiiiiiii iii STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St.. Room 215 D I v 15 1 0 N O F Denver, Colorado 80203 Phone. 13031 866-356: MINERAL S FA)(: (303) 832-8106 be GEOLOGY 0.ECLAM ATION MINING•SAFE TY May 18, 2000 sill oven, Governor Greg E. Walther Mr. Greg Miller 6ecmive Director Western Mobile Northern, Inc. Mitnael e. inns P.O. Box 2187 Division D~reaor Fort Collins, CO 80522 RE: Adequacy of the Application, Loveland Pit, File No. M-2000-034 Dear Mr. Miller: The Division of Minerals and Geology has completed a review of the Loveland Pit permit application and determined that the following issues remain to be addressed for the application to meet the minimum requirements of the Land Reclamation Act for the Extraction of Construction Materials. On Exhibit B -Index Map -the labels "R 68 W SECT. / 9 "and "R 69 W SECT. 24 "appear to have been transposed. As this could create confusion for future users of the file, please provide five corrected replacement copies of the subject map. 2. In Table D-1, the Phase 2 location is mislabeled as "Flatiron property-south end" (it should be north end). As this could create confusion for future users of the file, please provide five corrected replacement copies of the subject page. 3. It is stated in Exhibit E that "No buildings or structures existing or proposed are intended to remain onsite after reclamation has been completed:' This statement comports with the proposed post mining land use of wildlife habitat. It is further stated in Exhibit E that "As the affected lands aze private property not owned by the applicant, this statement applies only until the conclusion of any lease or entry agreement pertaining to the applicant." The reclamation permit requirements can not be contingent on the terms of a lease or entry agreement between the landowner and the applicant. If the landowner erects buildings or structures that conflict with the approved post mining land use prior to the release of the reclamation permit, the permittee would be required to amend the permit to allow the structures to remain and gain release. 4. The DMG has sent the pages from the application referencing Ute Ladies Tresses Orchid and Preble's Meadow Jumping Mouse to the U.S. Fish and Wildlife Service. The cover letter from this mailing is enclosed. The information was provided to the Fish and Wildlife Service in accordance with DMG policy for operations that have the potential to affect threatened and endangered species.