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~ • III IIIIIIIIIIIIIIII STATE OF CULURADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 D I v I s I o N o r Phone: (303) 866-3567 MINERAL S FAx: (3031 8328106 & GEOLOGY RECLAMATION MINING•SAFETY March 31. ?000 Mr. Rick Hunvorth Delhur Industries, Inc. P.O. Boa 883 Hermiston, OR 97838 RE: Mcl:enna Limestone Quarry (File M-2000-039) Results of adequacy review of I I Oc permit application Dear Mr. Hurworth: The Division has reviewed your permit application for the McKenna Limestone Quarry. The application is ex[remel}• well and neatly done. The Division, however, has identified certain adequacy concerns as follows; Bill Owens Governor Greg E. Watcher Executive Director Michael B Long Division Drceaor BASIC REQUIREMENTS: The application is not accompanied by a Performance ~Varranp~ and, for ttte moment, lacks a Financial V/arranty in an amount and form acceptable to the Division. A Performance Warranty form will be sent with this review and should be returned with a notarized signature. Since the Division does accept your estimate of the cost of reclamation, i.e. $17,100.00, please indicate the type of Financial Warranty you wish [o use in supplying the Warranty and the Division will send you the proper form(s). (See Rule 4.3 for the acceptable hypes of Financial Warranties.) -NOTICES: The Division is aware that you intended the public notice, required by Rule 1.6.'_ (d), to be published on 3/16/00. Evidence, however, has not yet been received that this was done. There is also no evidence in the permit package that the owner of record of the surface and mineral rights to [he land to be affected by the mining operation or of surface lands within 200 feet of the boundary of the land [o be affected have been notified as required by Rules 1.6.3 (e) (i) and (ii). Please provide evidence of notifying Mr. Mcl:enna, who is identified as the surface and subsurface owner of the land to be affected by the operation, and So. Gas, Inc., which your maps show as being an owner of propeny located 190 feet east of the east boundary of the proposed permit/affected area. EXHIBIT B-SITE DESCRIPTION (Rule 6.3.2 (b)): Your Exhibit B narrative indicates there are no man made structures within 200 feet of your proposed quarn~. Fences qualify as pennanent man-made structures altd it has been the Division's experience that these are often overlooked in [tte preparation of an application. Please confirm that there is no fence along the County Road 21 I right-of-way thru which your new access/haul road must pass in order to connect with the county road. Please confirm that there is no fence along the boundan of the Econ Liquors, Inc. propeny and that of So. Gas, Ind. which your maps indicate is located 190 feet east o(the eastern boundary of your proposed permit area. In the event one or both such fences are present, please prowde a revised Exhibit B which acknowledges this and includes the idemin~ of the owner(s) of such structure(s).