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~~ Banks and Gesso, LLC <br />~~ <br />May 13, 2002 <br />RECEIVED <br />MAY 15 X02 <br />Division of Minerals and Geology ~ivislon of Minerals and Geology <br />Attn: Tony Waldron <br />1313 Sherman Street, Rm. 215 <br />Denver. CO SD203 <br />720 Kipling St.,Suite117 <br />Lakewood, Colorado 80295 <br />(303)274-4277 <br />Fax (303}274-8329 <br />www. banksandgesso.com <br />RE: File No. M-2001-046; Nix Sand and Gravel Mine; Owens Brothers Concrete Company; <br />Preliminary Adequacy Review Response <br />Dear Mr. Waldron: <br />We are in receipt of your third Adequacy Review, dated Aprit 29, 2002, concerning the Nix Sand <br />and Gravel Mine. The responses to your additional concerns will follow the same order <br />presented in your letter. <br />We acknowledge the mistake made on the latest version of Reclamation Plan Map. <br />The Reclamation Plan Map has been revised to reflect the desired post-mining <br />slopes. This map is attached for your records. <br />2. The Mine Plan Map has been revised to illustrate stockpile locations, the plant <br />location, and the direction in which mining will proceed within each mine cell. Please <br />note that aside from the topsoil screening berms, we did not separate topsoil and <br />overburden for the purposes of depicting stockpile locations, Please assume that the <br />topsoil stockpile locations will be placed adjacent to the overburden stockpiles and <br />will occupy the general amount of space depicted on the map. <br />3. As you know, the engineer who performed the initial Slope Stability Analysis (SSA) is <br />no longer with our company. We now have a new staff member who has more <br />experience vrith SSA's who has reviewed the initial report. She has identified several <br />errors with the initial analysis and has reassessed the slope stability issue by taking <br />into account more realistic field conditions. The new SSA indicates that mining with a <br />25' setback would produce factors of safety acceptable to the Division. As such, we <br />have not obtained more detailed soil samplings from the site and tlo not believe that <br />this will be a necessary step. However, if the Division, upon its review of the updated <br />SSA, still v~ishes the Applicant to obtain more detailed soil information, the Applicant <br />will do so. Please refer to attached updated SSA for more discussion of the slope <br />stability issue. <br />Please note that due to time constraints pertaining to the decision date for this <br />application, we respectfully request that if the updated SSA is not acceptable you <br />approve the subject application with a stipulation that an acceptable SSA be <br />approved by your office before the Applicant is allowed to mine within 200 feet of <br />structures for which there are no structure agreements. <br />4. The updated SSA addresses mining within 200 feet of the overhead power lines. It is <br />our understanding that the only remaining structures for which agreements will be <br />needed will be for the oil and gas wells and collection lines and facilities owned and <br />operated by Kerr-McGee and Patina Oil and Gas (agreements with Duke Energy <br />