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L~ <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: (303) 832-8106 <br />August 6, 2002 <br />Mr. Damian Murphy <br />Aggregate Industries-WCR, Inc. <br />3605 S. Teller St. <br />Lakewood, CO 80235 <br />RE: Aggregate Industries- WCR, Inc.; Permit No. M-1977-141 <br />Lyons Quarry Amendment Application- Adequacy Review <br />Dear Mr. Murphy, <br />DIVISION OF <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MINING•SAFETY <br />Bill Owens <br />Governor <br />Greg E. Walther <br />Executive Director <br />Ronald W. Catrany <br />Aging Division Director <br />Listed below aze adequacy review comments for the Lyons Quarry 112 Permit Amendment Application, File <br />No. M-1977-141. The Division of Minerals and Geology ("Division") is required to make an approval or <br />denial decision no later than September 10, 2002, therefore, your response to the following adequacy review <br />concerns should be submitted to the Division as sooti as possible. <br />On the application form submitted to the Division on June 3, 2002, Aggregate Industries states that 20 <br />acres will be added to the existing 54 acres for a total permit area of 69 acres. The correct number <br />should be 74 acres for the new permit area (54 acres + 20 acres). After speaking with Greg Knell of <br />SRK Consulting, there appears to be a discrepancy in the original permit area of 54 acres. Ultimately, <br />the intent is to have a total permit area of 69 acres. In order to preserve the historical record of 54 acres, <br />the Division recommends that the operator revise the increase in acreage to 15 acres. <br />Please correct the first page of the application form to reflect a change of 15 acres rather than 20 acres. <br />A copy of this page will also need to be filed with the Clerk and Recorder, and a receipt for the new page <br />demonstrating filing will need to be submitted to the Division. <br />2. The operator revised Exhibits D and F depicting the new permit boundary area. A portion of the permit <br />area is noted outside of the Lease Boundary (on the eastside of Section 26). The operator will need to <br />demonstrate legal right of entry on this parcel of land. In addition, the operator will need to notify the <br />owner of the property of the Amendment Application. Please provide the Division with proof of legal <br />tight of entry and notification as required by Rule 1.6.2 <br />3. The operator proposes to add 20 acres (or correctly, 15 acres as stated in item #1). Please explain the <br />depth of topsoil to be removed from this area, and the depth of topsoil to be replaced in this area. In <br />addition, all topsoil pies need to be located on a map. Please address accordingly. <br />4. The Division reviewed the file and found the following commitments regarding [apsoil replacement in a <br />letter dated 12-9-83 from Rindahl & Associates; <br />i~M-a{ <br />STATE OF COLORADO <br />• 12" replacement depth on the existing application (27 acres) <br />• 6"-12" replacement depth on the 1984 amendment area (27 acres) <br />