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T' <br /> • III IIIIIIIII IIII III • <br /> 999 <br /> NSA • Natural Science Associates, Inc. <br /> 4814 W. Moorhead Cir • Boulder, CO 80303 • (303) 499-5014 <br /> 9/18/96 r• I\I', <br /> The Colorado Mined Land Reclamation Board <br /> c/o Division of Mineral and Geology <br /> 1313 Sherman St., Room 215 "; <br /> Denver, Colorado 80203 <br /> Dear Mined Land Reclamation Board: <br /> I appreciate receiving the responses from DMG that address my letter of 7/15/96. I <br /> thank Carl Mount and Gregg Squire for their helpfullness in providing permitting <br /> information relevant to the Deepe Farm Pit. However, I still find unresolved issues. <br /> Please see p 2 b of the 8/16/96 Deepe Farm Pit (M81-302) Inspection report. Note that 3 <br /> of the 6 test pits do not meet the required minimum topsoil depth stated in the reclamation <br /> plan. If this sampling is representative of the revegetated areas, then 1/2 of those areas do <br /> not meet the minimum standard. This is not acceptable. Adequate topsoil is needed to <br /> achieve the required future land use of wildlife habitat. I ask that DMG take further test <br /> pits and require the operator to place the required minimum topsoil depths. <br /> On page four of the DMG 8/21/96 letter to me, the embankment and channel are <br /> addressed "... referring to planned future channel or embankment construction within the <br /> area disturbed by mining, plans for such activities must be submitted to the Division for <br /> permit revision review and Board approval..." Sometime after the DMG inspection of <br /> 7/29/96 and before 8/27/96, such construction on the embankment was carried out. Alan <br /> Taylor and Stan Zemler of the City of Boulder and Jeff Lipton of the University of <br /> Colorado visited the Deepe Farm Pit on 8/27/96 and observed that a portion of the <br /> embankment had been substantially heightened. Boulder County suspects that this <br /> construction violates their 1980 permit for embankment construction and issued a stop <br /> work order this past Monday. They will be carrying out further surveys in the next week. <br /> It is my understanding that these are "affected land" as defined in Colorado Construction <br /> Material Rules and Regulations 1.1 103(1). DMG should take appropriate action to <br /> inform the operator that such construction is not allowed. <br /> Thank you very much for your attention. <br /> Youn truly, <br /> J E. Bunin, PhD <br /> cc H. Bruce Humphries, DMG, Minerals Program Supervisor <br /> C. Mount, DMG, Senior Environmental Protection Specialist <br />