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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />7 313 Sherman SC, Room 27 5 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303)832-8706 <br />April 14, 2003 <br />~~ <br />D IVISION.OF <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MININ G•SAFETY <br />Bilf Ovrens <br />,/ - Governor <br />Walt Eldridge / Greg E. Walther <br />Map Surveys, InC. II// Executive Director <br />P.O. BOx 290 Ronald W. Cattany <br />Acting Division Director <br />Mesa, Colorado 81843 <br />Re: Western S/ope F/agstone-Quarry No.2, Permit No. M-1996-076, CN-07 Mining P/an `'/ <br />C/arification Request. <br />Dear Mr. Eldridge: <br />The Division of Minerals and Geology has reviewed Western Slope Flagstone's responses <br />to the Preliminary Adequacy Review (PAR). It appears that the responses have clarified or <br />corrected the issues noted in the PAR. <br />Staff is requesting a clarification concerning the Mining Plan and the commitment of 5 <br />total area of disturbance at any one time. The Division considers an area to be disturbed if <br />activities within the area alter it from its original state. An area is not considered <br />reclaimed until the operator requests and is granted a release for that particular area. <br />Therefore, if Western Slope Flagstone mines Phase 1(3.2 acres) in the Middle Area and <br />moves into Phase 2 (2.0 acres) there is a total of 5.2 acres disturbed which is already over <br />5 acre. Phase 1 would then have to be released before a~ disturbance could begin in <br />Phase 3. Concurrently, if Western Slope Flagstone began air disturbance in the North <br />Area that acreage would be above and beyond the 5.2 acres already disturbed in the <br />Middle Mining Area. Phase 1 in each area also equals 5.2 acres, again over the 5 acre <br />commitment. If Phase 1 in the North Area is to remain as a storage and processing area <br />then the 2.0 acres would count against the 5 acre commitment and any other disturbance <br />could only equal 3 acres, which Phase 1 of the Middle area already exceeds. Staff feels <br />that the commitment to 5 acres is not a realistic maximum disturbance figure. Western <br />Slope Flagstone needs to clarify exactly how the 5 acre maximum disturbance can be <br />accomplished. A commitment to a 1 1 acres maximum disturbance would allow for the <br />Phase 1 Storage yard in the North Area to remain disturbed (2 acres) and allow for Mining <br />in any 1 phase of that area( 2.9 max), plus the mining and reclamation of any 2 phases in <br />the Middle Area (5.4 max). (2 + 2.9 + 5.4 = 10.3) This issue must be addressed before <br />staff can begin the final process of calculating the costs for reclamation. A decision on <br />the application cannot be rendered until the bond is calculated and all issues addressed. <br />