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STATE OF COLORADO <br />~ DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 86(x3567 <br />FAX: (303) 832-8106 <br />October 27, 2004 <br />Mr. Eleuto Jce Rivera <br />Rivera's Excavation <br />PO Box 24 <br />Amalia, NM 87512 <br />(COLORADO <br />DIVISION O F <br />MINERALS <br /> <br />IQ GEOLOGY <br />~ <br />' 0.E<LAN ATION•NINING <br />is <br />~ SAFETY•SCIENCE <br />D/^~ /~. `gip <br />o~ <br />`T <br />~ <br />0 <br />'~~ <br />7 <br />~n <br />J <br />n ~ <br />~~ Bill Owens <br />G <br />~ <br />~ <br />. overnor <br />~ <br />c'~j~s ~$ <br />Russell George <br />By Executive Director <br />v <br />` <br />~Ojo Ronald W. Cattany <br />dd Division Director <br /> Natural Resou¢e Trustee <br />Re: Rivera's Excavation Gravel Pit, File No. M-2004-053, New 110 Permit Application, <br />Final Adequacy Review, and Extension of Decision Date. <br />Deaz Mr. Rivera, <br />I have reviewed your new 110 permit application and the supplementary information you provided. It is almost <br />adequate for approval, though there aze a few small questions that must be addressed before I can approve it. <br />Yesterday I received a written request for atwo-week extension of the decision date, to allow sufficient time to <br />address al] the outstanding issues. I have approved the extension request, and the new decision date is now set for <br />November 10, 2004. The application may be approved before that time if all issues are adequately addressed. <br />The items needing responses are listed in the following pazagraphs. Please arrange your responses in the same <br />order. <br />Published Notice <br />(a) The newspaper clipping of the published notice contains information indicating that it was published four times, <br />and that the fourth publication will be on October 29, 2004. Afrer it has run the fourth time, please obtain an <br />affidavit of publication from the newspaper, and send to it me at my address below. <br />Impacts to Surface Water <br />(b) The Army Corps of Engineers letter, dated October 6, 2004, asked about impacts to "unnamed waters of the <br />United States" that may be on or near the gravel pit site, and whose drainage reports to Costilla Creek. Please state <br />whether such "waters" exist (such as creeks or wetlands), and if so, what mining-related impacts aze expected. <br />Minine Plan <br />(c) Though not clearly expressed in your application, you stated on the phone that all pit slopes would be mined at a <br />2:1 maximum gradient, and maintained throughout the mining stages at no steeper than 2:1. Please confirm that <br />you commit to this maximum slope. <br />(d) Please describe the topsoiUoverburden stockpile location(s), during the first stage before a pit floor has been <br />created, and during subsequent stages. Please also describe the protection measures that will be taken against <br />erosion of those stockpiles. <br />(e) It is anticipated that at least some of the topsoiUoverburden stockpiles will be placed along the perimeter of the <br />stage being operated, to allow mining of that stage and to avoid multiple handling of the materials. Since space will <br />be needed for the stockpiles and equipment maneuvering, please state how close the edge of the pit will be to the <br />permit boundary line. <br />Office of Office of Colorado <br />