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• t STATE OF iiiiiiiuiiniu iii COLORA ~~~ DIVISION OF ~~IINERALS AND GEOLOGY Gcp,mmrnt ul ~~'a;ural Resources 1311 Sherman SL, Room :15 Deny=r. Colorado fl0203 D I v 15 1 0 N O f Fhone: 13031 865 3557 MINERAL $ FAS: (3031 83' 81 O6 & GEOLOGY June 22,2000 RECLAMATION MINING•SAFETY Mr Don Marostica Bill O.~ens . TMC Waterford Place, LLC Governor 1199 Eagle Drive Grep E. \Val~hc~ Esecmice Dve~lor Loveland, CO 80537 ~+chacl fl. Eons Divomn Direnor RE: Status of the Application, Western Mobile Northern, Inc., Loveland Pit, File No. M-2000-034 Dear Mr. Marostica: The Division of Minerals and Geology (DMG) has received your letters dated May 5, 2000 and May 26, 2000 stating concerns with the Loveland Pit application. When written comments are received, the decision to approve or deny an application, or to approve an application with conditions, is made by the Colorado Mined Land Reclamation Board (Board) in a Formal Public Heazing. The DMG will make a recommendation on the application to the Board, and any interested members of the public are allowed to address the Board during the Heazing. The Applicant is also entitled to present information in support of the proposed gravel pit during the Hearing. By submitting written comments during the public comment period, you are entitled to become a party [o the Heazing before the Board. An information package on the Hearing process and [he rights and responsibilities of parties to the Hearing is enclosed with this letter. Regarding your specific concern with the application, that the floodway has been altered through the reach of the Big Thompson River where the gravel pit is proposed, you are referred to Section 34-32.5- 116(4)(h). C.R.S., which states in part: Disturbances to the prevailing hydrologic balance of the affected land and of the surrounding area and to the quality and quantity of water in surface and groundwater systems, both during and after the mining operation and during reclamation, shall be minimized. The operative phrase in this statutory citation relative to your concern with the proposed gravel pit is "prevailing hydrologic balance." The Board does not hold applicants responsible for impacts that may have occurred prior to the issuance of a permit for gravel extraction and reclamation. If the floodway has been altered by previous industrial activities at the site, including processing and stockpiling of gravel imported from offsite pits, the altered floodway would be considered the prevailing hydrologic balance. Adverse impacts to the floodway once a reclamation permit is issued would be regulated by the Board and would also be regulated by the local floodplain authority.