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' III IIIIIIIIIIIII III • <br />5TA <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of fJal ural Resources <br />171 3 Sherman 51., Roont 21 5 <br />Denver, Colorado 80?03 <br />Phone: (303)A66-]567 <br />FAh~ 1303) b3? 8106 <br />July ] 5, 1998 <br />RECEI~JED <br />dUL 2 0 1998 <br />COLORADO <br />•Y <br />F ~F ~~~~~~C ""F~~E ~~CE <br />Helen Whinnery ~ I <br />2557 State Highway 149 OIV. OF MINERALS <br />Powderhorn CO 81243 6 GEOLOGY <br />Re: Whinnery Pit, File No. M-98-055, l ]0 Application, Review of Responses to 7/2/98 <br />Adequacy Letter. <br />Dear Mrs. Whinnery, <br />I~~ <br />llEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Ray Romer <br />Governor <br />lames 5 Lochhead <br />Executive Duector <br />Michael B. Long <br />Division Director <br />I have reviewed the responses submitted on your behalf, by Shani Eastin of Tuttle Applegate, <br />toward satisfying DMG's requirements fora 110 permit application. These responses were <br />written to answer the questions in my 7/2/98 adequacy letter to you. The response letter, which I <br />received yesterday, appears to adequately address all the questions I had raised, except for the <br />issues of the follow-up submittals (which consist of proofs of sending notifications to property <br />owners within 200 feet; proofs of filing original application materials and additional materials with <br />the county clerk and recorder; and a notarized affidavit of publishing one notice). These follow- <br />up materials, according to Ms. Eastin, will be forwarded to me as soon as possible. I must receive <br />all these materials before I may make any decision on the application. <br />The response letterjus[ received clarified a few technical issues as well. The maps specify that all <br />slopes will be created at a gradient of 3:1 during mining (and will be 3:1 for reclamation too). <br />There will be a 35-foot setback from the edge of the pit to the highway right-of--way. This is a <br />sufficient distance, for a pit no deeper than 20 feet, to maintain the area adjacent to the highway in <br />astable condition. Please ensure that the Qit slopes are not mined steeper or closer to the fence. <br />Based on the original application submittal and subsequent response submittals, I am ready to <br />approve your pernut application. However, as I will explain below, the decision cannot be made <br />yet. <br />I spoke with Ms. Barbara Chiappone, of our Denver office, last week about the financial warranty <br />and performance warranty which you will be submitting. The forms to be submitted were sent to <br />Steve at Mountain Agency in Montrose, who will be your bonding company. I explained to him <br />