2004-04-26_REVISION - M1978056 - Laserfiche WebLink

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of which will extent faz beyond the mining and reclamation provided for in the DMG permit and intend to retain these uses. The lands presently used for this purpose will be retained for this purpose, and comprise a `mixed' use, as indicated. This use is supported by an approved USR and building permit, issued by Weld County. Regardless of the Division's perception of County zoning, the issuance of a building permit affirms the use according to the life of the USR, which can exist apart from a released DMG permit. The same applies to the Shop and Scale-house, which retain a Commercial/Industrial component of the `mixed' use, subsequent to the completion of mining and reclamation and the release of the DMG permit. The mixed use potential also applies to the potential to apply other residential or commerciaUindustrial structures to portions of the property subsequent to DMG release. The application is cleaz, that the lake and areas not otherwise developed during the life of the mine, or utilized under the existing facilities, will be treated as Agricultural, and revegetated accordingly if above the standing water of the agricultural based lake. For purposes of determining Financial Warranty, soiling and revegetation, the areas occupied by these existing facilities was not deducted from the total area calculated for these purposes, consistent with A-Agriculture reclamation determinations. 13. Please clarify the acreages of various land uses when the site is fully reclaimed, ie: water and shoreline acreage, industriaUwmmericial acreage, topsoiled and revegetated acreage, etc. This description is provided for under Exhibit L -Financial Warranty Determinations, as previously stated. These areas are identified in the updated Exhibit C -Pre-Mining and Mining Plan Map. The acreages identified to these locations on the map do not affect the previously indicated warranty determinations. Page l3 of Exhibit L details the reclamation and perimeter calculations of shoreline based upon shoreline perimeters, as indicated. Water acreage is shown on Exhibit F -Reclamation Plan Map. Soiled and Vegetated areas aze detailed under Exhibit L - per those sub-headings on pages I 1-13 of that exhibit. 14. The applicant has proposed a topsoil replacement depth of 6". Correspondence from the original permit application indicates that topsoil averages approximately 12" across the permit area. Since approximately 74% of the affected land will be reclaimed to water surface and there is an average of 12" of salvageable topsoil, there should be an abundance of topsoil available for the disturbed acreage to be topsoiled and revegetated, ie: enough to supply a replacement depth of 12, 18, or 24". In order to improve the potential for revegetation success on these areas, the Division recommends that VCI substantially increase the topsoil replacement depth for acreage (approximately 81.35 acres) to be revegetated. Please respond. Our understanding is that previously approved permit obligations may be retained in an Amendment application unless modified by the Applicant. While we would not argue that in the instance of soil, more is better, there remains no evidence to suggest that the six inches previously approved by the Division is insufficient to attain the desired post mine vegetation cover. The Division records are abundant with a six inch commitment for soil replacement over affected lands, and subsequent release of similarly treated sites. The A-1 profile, or occasionally the plow layer, loosely referred to by the Division as topsoil, may not exist, or where it exists man not occur uniformly at this location as it is an alluvial site, and soils, such as they are, are generally poorly formed. Regardless, suitable regrowth material that comprises soil like properties, including obvious indications of color, structure (as it exists) and organic matter, will be used to the extent originally committed to. These surface materials existed over the pre-mine location at varied depths, including depths less than six inches to our understanding; and will be returned to the six inch depth for subsequent seeding and vegetation establishment. The balance represents a valuable resource that will be sold and removed from the property, as it has over the previous two Varra Companies, Inc. M1978-056 Durham Sand & Crravel Pit - 2003 Amendment - Monday 26 Apri12004 reply to correspondence from the Colorado Division of Minerals and Creology of 6 January 2004.