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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (3031 832-8 7 06 <br />November 3, 2005 <br />Mr. Eric Reckentine <br />Lafarge West, Inc. <br />10170 Church Ranch Way, Suite 200 <br />Westminster. CO 80021 <br />R~~~ <br />Np~ r,~. <br />d~, <br />~arG. <br />B~~O <br />B/. <br />COLORADO <br />DIVISION OF <br />MIN&RALS <br />GEOLOGY <br />RECLAM ATIOMMINING <br />Sh FETT•SCIENCE <br />Bill Owens <br />Governor <br />Russell George <br />Executive Director <br />Ronald W. Canany <br />Division Director <br />Natural Resource Trustee <br />RE: Lafarge West, Ina, File No. M-2000-016 <br />Riverbend Operation 112(c) Amendment Application (AM-01) -Adequacy Review #8 <br />Dear Mr. Reckentine: <br />Listed below is an adequacy review comment for the Riverbend Operation 112 (c) Amendment (AM-O1) <br />Application, File No. M-2000.016. The Division of Minerals and Geology ("Division") is required to make a <br />recommendation decision no later than November 4, 2005, therefore, your response to the following adequacy <br />review concern should be submitted to the Division as soon as possible. <br />Rule 6.4.7 Exhibit G -Water Information <br />The Division of Minerals and Geology has consulted with a representative of the Attorney General's <br />Office regarding the language contained under the Sr'' bullet of the "Wells" section of attachment A <br />to the 6th Adequacy Review Responses. This section states, in part, "Lafarge has no responsibility to <br />provide mitigation for wells that are constructed after the permit is approved. The response from our <br />attorney states, "Under 34-325-116(4)(h), C.R.S., an operator must "minimize" "disturbances to the <br />prevailing hydrologic balance of the affected land and the surrounding area and to the quantity and quality of <br />surface and groundwater systems, both during and after the mining operation and during reclamation." <br />Nothing in this statutory obligation of operators states that there is an exception to this requirement for wells <br />drilled near already approved permits or amendments to permits. The operator's obligations extend both <br />during and after mining operations and during reclamation for potential disturbances to groundwater in the <br />affected area and surrounding areas. Therefore, Lafarge West has an obligation to assess impacts of its <br />mining operation to any wells in the area, including those drilled after Lafarge obtains its permit and any <br />amendments to it." Therefore the Division cannot accept Lafarge's statement that it has no obligation to <br />protect and/or mitigate wells that are installed in the area of the project after the permit is issued. Please <br />address this issue. <br />Please be advised that the Lafarge West, Inc.112(c) Amendment (AM-01) Application may be deemed <br />inadequate, and the application may be recommended for denial on November 4, 2005 unless the above <br />mentioned adequacy review item is addressed to the satisfaction of the Division. Responses to this adequacy <br />concern must be received by the Division to allow adequate time for review. If you feel more time is needed to <br />complete your reply, the Division can grant an extension to the decision date. This will be done upon receipt of a <br />written waiver of your right to a decision by November 4, 2005, and a request for additional time. This must be <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inarfivc MineR Genlneiral Survev <br />