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• • iiiiiiiiiiiiiiuiii STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Dupurunern ui Natural Resources I t l~ Sherman Sl, Rrwm ? I S Denver, Colorado NULUt Phone: 1 40.11 N66 15L7 FAS: ISU lI N)'_-fl 106 July l3, 1998 Frank J Butala Butala Construction Co 7625 US Highway 50 Salida CO 81201 Re: Amendment Application, Butala Gravel Pit, M-77-170 Dear Mr Butala: ~~~ DEP.gR?MENT OF NATURAL RESOURCES Foy Ramer Governor WuresS Lochhearl E~ecWioe Director nachael6 Lony Division U~rcaor The Division completed a technical review of your second amended filing to the application. There are still several items that need to be addressed in order to meet the minimum requirements of the Act and/or Mineral Rules and Regulations: Exhibit D -Rule 6.4.4 -You were asked to provide a detailed narrative describing how you intend to mine those areas within the permit boundaries that contain monitoring wells, creosote and/or an underground utility line. You responded that the underground utility line will be moved to the south side of County Road 150. Which means the line will be about 100 feet north of the permit area. This is acceptable. You state that "No mining operations-excavations will occur within the "Creosote Evaluation Area"." and that "surface operations relative to stockpiling will occur upon this area." You did not mention that the 100,000 gallon water storage tank would be situated on this 6.2 acre creosote site (although you show the tank on your maps). Nor did you mention that this 6.2 acre creosote site would `, A be used to access the phase 1 area since there is no other way to access phase 1. So, clearly, the 6.2 acre ® "creosote evaluation area" will be used (disturbed) for activities other than just stockpiling material. In order to make this very clear, I will attempt to describe the activities (or lack of activities) that will be permitted for this 6.2 acre site. First, there will be no mining/excavating activities in the 6.2 acre creosote evaluation area. Second, the surface of this site will be used to stockpile topsoil (from phase 1 area) and product material (riprap, etc ). Third, a 100,000 gallon water storage tank will be located within the 6.2 acre area. Fourth, the 6.2 acre site will be used to access the phase 1 area and for vehicle traffic transporting material out of phase 1. If this accurately describes the proposed use of this acreage please indicate so in your response. If this does not accurately describe the proposed use of the tract, please describe its use. B. You were asked if the highwalls would be mined at the proposed final slope or at a higher slope. You responded that "the highwalls will be mined/excavated with respect to the final slope -- not to exceed 2 to 1. Just so it is clear, you intend to mine the cut banks (highwalls) at a 2:1 or less slope so you will not have to cut and fill or backfill the highwall areas to establish final grade. if this is an accurate statement, please indicate in your response. Exhibit D -Rule 3. l.6 -Your response to this item is "a significant amount of groundwater occurs within this alluvial deposit where it flows laterally front the recharge area (located to the northeast of this site) to the Arkansas River..." and that "due to the vast amonumt (sic) of groundwater Flowing front the