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OCT-30-2001 Tl1E 02; 55 PM BANKS ~ GESSO LLC FAX N0, 303 ~ 8329 <br />earth disturbing activities begin; and it owls are present, earth disturbing activities will not <br />occur between March 1 and Octoher 31. <br />P, 09 <br />In early March a pedestrian survey will be undertaken to determine if raptors are nesting in <br />trees on the property. <br />Rule 6.4.12 Exhibit L-Reclamation Costs <br />19. The division will estimate the cost to reclaim the site once the applicant addresses the <br />/ concerns noted in this letter. <br />\~// Comment is noted. <br />Rule 6.4.13 Exhibit M-Other Permits B Licenses <br />20. The applicant states that a temporary substitute supply as well aS other permits maybe <br />required by the Office of State Engineer ("OSE ). In absence of such approvals prior to <br />the Division's decision due date, the applicant may elect to commit to no exposure of <br />groundwater at the site until all necessary permits and approvals have been secured by <br />the OSE. Please address. <br />Groundwater is currently exposed within the historic mining depression. if groundwater <br />was exposed prior to January 1, 1981, no plan of augmentation or of substitute supply <br />,has been required by the Office of the State Engineer. If it was exposed after that date, <br />`// however, out of priority depletions, attributable to evaporation, were meant to have been <br />replaced in accordance with § 37-90-i37 (11), C.R.S.. <br />One consequence of the proposed mining and reclamation plan will be accountability, <br />hereafter, for such groundwater depletions. A plan of substitute supply has been <br />submitted to the Office of the State Engineer for review and approval. Following <br />approval, the Applicant must receive a well permit, issued by that office, in accordance <br />with § 37-90-137 (11), C.R.S., which regulates the exposure of groundwater to <br />atmosphere in connection with the extraction of sand and gravel. <br />Rule 6.4.14 Exhibit N-Source of Legal Rioht to Enter <br />21. Please be aware that easement holders of property throughout the permit area need to <br />meet the same requirements as the suAace owners. Specifically, easement holders <br />~ need to be ldentif/ed on a' Map, provide documentation of legal right of entry into the <br />~ easement property, and nbtify all easement holders within 200 feet of the affected area <br />of fhe mining and reclamation activity. <br />/ .; <br />Comment is noted. <br />Rule 6.4.19 Exhibit S-Permanent Man-Made Structures <br />22. The applicant makes note of adequate setbacks from existing structures, yet commits to <br />providing notarized agreements prior to mining within 200' of a structure. The Division <br />has not approved any of the mining setbacks intended by the applicant. If agreements <br />are forged with persons having an interest in the structures, and the agreements are <br />drafted in the format required by Rule 6.4. i9 and Section 34-32.5-i 15(4)(e), C.R.S., the <br />