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STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St., Room 275 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832A706 March 1, 2005 Mr, Michael L. Ripp MVR Resources, Inc. / P. O. Box 54 COLORADO DIVISION O F MINERALS GEOLOGY 0.EClA MATION•MINING SAf ETY•SCIENCE Bill Owens Governor Russell George Executive Director Delta, Colorado 81416 ~ / Ronald W. Cattany Division DirecTOr Natural Resource Trustee RE: Benson Brothers Pig Mesa Pit, File No. M-2004-084, New Application Preliminary Adequacy Review `~ Dear Mr. Ripp: DMG has completed the preliminary adequacy review of your application fora 112c Regular Operation Reclamation Permit for the Benson Brothers Pig Mesa Pit. You are to be commended for the thorough, clear and concise application package. However, the application cannot be approved until the following few issues are adequately addressed. Please submit a response to the following issues as soon as possible, but no later than April 7, 2005 so the decision due date set for April 21, 2005 can be met. If your response, or a written request for extension of the decision date, are not received by April 7, 2005 this application may be denied. ADEQUACYISSUES Exhibit D -Mine Plan 1. Please commit to a topsoil stockpile configuration that has slopes no steeper than 3H:1 V. 2. The illustrated topsoil stockpile contains approximately 300 cubic yards of material. 14, 520 cubic yards are required to replace an average of 6 inches over the proposed maximum of 18 acres disturbed at any one time. Please indicate where the additional soil will be stockpiled or obtained. 3. Based on soil survey descriptions, it appears that the Orchard Clay Loam A horizon (OcA) would serve best as the topsoil to be used at reclamation. Please commit to measures that will result in the topsoil stockpile being comprised of primarily the top 15 inches of the Orchard Clay Loam. 4. Please submit specifications for spill containment structure construction and location for all hazardous material to be stored on site. 5. The application indicates that the pit floor is composed of shale. Shale is a major source of selenium loading in the Gunnison river, which has recently become an issue of concern, especially where endangered fish species are concerned. In an effort to minimize potential for increased selenium loading in stormwater discharge from this site, please commit to conducting mining operations such that a minimum 1 foot of gravel or other material is left in place over the bedrock and no excavation into the Mancos shale occurs, except for the wash plant settling ponds. Wash plant effluent from these shale derived soils tends to be high in selenium, especially when recycled. Please commit to never use the water from these settling ponds for dust suppression. These measures should minimize potential for increased oxidization of the shale, thereby reducing potential for increased selenium discharge from this site. Office of nfflro n4 r..l.,..,+,.