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i ' � � III IIIIIIIIIIIIIIII • �; `.� 999 �i t OF COLORADO DIVISION OF MINERALS AND GEOLOGY 1 313 Sh enl of St., o Ke21 Jrces 1313 Sherman St., Room 215 , Denver,Colorado 80203 Phone:(303)866 3567 FAX (303)lH I-8106 DEPARTMENT OF NATURAL October 15, 1996 RESOURCES Roy Romer Ms. Jane E. Bunin, PhD Gove.no, Natural Science Associates, Inc. James S.lochhead 4814 W. Moorhead Cir. EzecuSve Direcmr Boulder, Co 80303 Michael B.Lang Division Dneaor RE: Response to FAX of 9-18-96 from NSA to DMG, Deepe Farm Pit, Western Mobile, Permit M-81-302. Dear Dr. Bunin: Thank you for writing the Division of Minerals and Geology (DMG) and the Mined Land Reclamation Board with you concerns regarding the Deepe Farm Pit. I would like to address those issues in this letter. The DMG believes that the average minimum topsoil depths over the area sampled do meet the minimum permit standards. The permit stated that topsoil would be redistributed over graded areas to 6-8 inches in thickness. Even though 3 of the 6 test pits were found to have less than the minimum thickness, on the average, the minimum thickness of topsoil has been applied. More importantly, the operator will be required to establish a diverse, effective, and long-lasting vegetative cover that is capable of self-regeneration and is at least equal, with respect to the extent of cover, to the natural vegetation of the surrounding area. Until that is done, the reclamation bond cannot be released in its entirety. The DMG thinks that the concern related to the embankment is not within our jurisdiction and, given the end land use of pasture and wildlife habitat, is a moot point anyway. The reason that the DMG does not have jurisdiction is that, if the embankment were to fail, it would not drastically affect the presently stated end land use of the parcel of land covered by the permit. If the permit has not been released and the end land use were changed at a later date to one where failure of the embankment would affect uses that were protected by the embankment, then the DMG would require an assessment of the embankment to assure that it would act to reasonably protect the stated end land use or uses. I hope that this addresses your stated concerns. Please contact me in writing or by phone with any other questions. S' cere , Cad Carl B.B. Mount Senior Environmental Protection Specialist cc: John Hickman, Western Mobile w/ enclosure Ed McDowell, Flatiron Companies w/ enclosure Ron Cattany, Executive Director's Office, DNR Michael Long, Director, DMG H. Bruce Humphries, DMG J Gregg Squire, DMG C: M81302JB.LET