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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />7313 Sherman SL, Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 8663567 <br />FAX; 1303) 832-8106 <br />May 17, 2007 <br />Mr. Richard Fryrear <br />08085 Co. Rd. I3 <br />Haxtun, CO 80731 <br />RE: Richard Fryrear; File No. M-1998-071 ~ / <br />Fryrear Pit #2; Conversion Application (CN-O1) Adequacy Review <br />Deaz Mr. Fryrear, <br />COLORADO <br />DIVISION O F <br />RECLAMATION <br />MINING <br />- ISL- <br />SAF ETY <br />Bill Ritter, Jr. <br />Governor <br />Hartis D. Sherman <br />Executive Director <br />Ronald W. Cottony <br />Division Director <br />Natural Resource Trustee <br />Listed below aze adequacy review comments for the Fryrear Pit #Z 112 Conversion Appiication, File No. <br />M-1998-071. The Division of Reclamation, Mining and Safety (Division) is required to make an <br />approval or denial decision no later than June 13, 2007, therefore, your response to the following <br />adequacy review concerns should be submitted to the Division as soon as possible. <br />1. As required by Rule 1,6.2(1)(d), please submit the proof of publication of the public notice circulated <br />in the local newspaper, all owners of record of surface lands that are within 200 feet of the boundary <br />of the affected land, and any easement holders. Proof of notice may be return receipts of a Certified <br />Mailing or by proof of personal service. <br />2. Rule 6.4.4 Exhibit D- Minine Plan Please address the following items in the mining plan; <br />• Please state the anticipated slopes of the pit during the mining operation and indicate the direction <br />of mining on one of the exhibits. <br />• Please show the location of all temporary roads to be constructed on site and further explain how <br />the roads will be reclaimed. <br />• Please state if the azea noted as "CRP" on the maps in inside or outside of the proposed permit <br />area. <br />• Please depict the location of any oillgas lines on one of the exhibits. <br />3. Rule 6.3.4 Exhibit D- Reclamation Plan Please address the following items; <br />• The operator depicts three ponds in the bottom of the pit. Please explain the water rights <br />associated with the capture and storage of the water in the pit. Please also explain how the pit <br />will be lined to hold water and prevent seepage. <br />• Please explain how water will safely leave the site and flow into the existing drainages. <br />• Please state the anticipated depth of topsoil to be replaced on all affected areas. <br />• The operator provided only one specie to be planted on site, brome grass at 3 lbs. /acre. This is a <br />significant change from what was approved under the original 110 application. The proposed <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durengo Active and Inactive Mines <br />