2004-11-19_REVISION - M1977208 - Laserfiche WebLink

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Erica Crosby Division of Minerals and Geology Page 2 of 2 November 18, 2004 significantly alter use of the reservoir or surrounding pasture land, or affect areas off the property. In conclusion, we respectfully request that the Division honor the 1984 Technical Revision approval allowing some highwall to remain as described on the attached Reclamation Plan Map, since existing conditions and public safety measures substantially comply with the intent of that approval and current regulations. 3. Internal Access Roads - We concur with the Division's assessment that some of the roads originally proposed as permanent are not a necessary part of the post- mining land use. A revised Reclamation Plan Map is enclosed. In particular, a number of roads in the vicinity of C-Pit have been removed from the Reclamation Plan. 4. Road Description - Many of the roads shown on the enclosed map have been historically used for site and ditch access before and during mining activities. Additional roads have been created as a result of the Boulder Feeder Canal relocation and the creation of A-Pit reservoir. All of the roads shown on the attached map are necessary for future post-mining land uses. The permanent access roads are predominantly 24 to 30 feet in width and composed of compacted soil. Stormwater flow is controlled via the use of small (18" inch) berms along the shoulders, as necessary to control erosion and direct drainage. 5. Water Riohts -Attached please find a copy of the Water Court decree in Case 84CW177, dated June 27, 1991, for a conditional water storage right up to 9,000 acre-feet conditional in mine pits on the Cemex property, of which 1,607 acre- feet was made absolute for A-Pit by decree in Case 97CW 189 on February 9, 1998. The remaining amounts were continued as conditional by that decree and, most recently, by decree in Case 04CW34, dated September 17, 2004. This water right applies to mine pits such as A-Pit and Leiding Pond, neither of which intercepts and stores groundwater. Due to our delayed response to the Division's adequacy letter, and to allow the Division time to review this response, we request an extension to the decision date for this Technical Revision to November 30, 2004. Thank you. Sincerely, Maureen Jacoby ~1 Project Manager attachments: Water Court Case No. 84CW177 Decree, June 27, 1991 Water Court Case No. 04CW34 Decree, September 17, 2004 Revised Reclamation Plan Map, dated 11118/04 cc: John Lohr, Cemex, Inc. Eric Hodek, Cemex, Inc.