2007-09-27_REVISION - M1981112

• Permit No: M1981112
• IBM Index Class Name: Revision
• Doc Date: 9/27/2007
• Doc Name: Adequacy review #3
• From: DRMS
• To: Builders Aggregate Company, Inc.
• Type & Sequence: CN2
• Media Type: D
• Archive: No

/ DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resou¢es
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: (303)832A106
~' September 27, 2007
r. Jim Miner
Builders Aggregate Company, Inc.
915 W. Beaver Ave.
Fort Morgan, CO 80701
STATE OF COLORADO
esc c,6m L~~
V
RE: Builders Aggregate Company, Inc.; File No. M-1981-112 /
Builders Aggregate; Conversion Application (CN-02) Adequacy Review #3
Dear Mr. Miner,
COLORADO
DIVISION OF
RECLAMATION
MINING
- &-
SAFETY
Bill Ritter, lr.
Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
Division Diredw
Natural Resource Trustee
The Division received your adequacy responses for the Builders Aggregate Pit Conversion Application 02
(CN-02) on September 24, 2007. The Division of Reclamation, Mining and Safety (Division) has a few
remaining questions that need to be addressed prior to approval of the application. The Division is
required to make an approval or denial decision no later than September 3Q 2007, therefore, your
response to the following adequacy review concerns should be submitted to the Division as soon as
possible.
The operator notes Builders Aggregate Co. Inc. as the operator of the site, and our file also notes
Builders Aggregate Company Inc. Builders Aggre¢ate Co. Inc. is not listed with the Colorado
Secretary of States Office (SOS) and therefore not an entity registered to do business in the State of
Colorado. However, Builder's Aggregate. Inc, is listed with the SOS (see attached Articles of
Incorporation and ID summary). The operator will need to either register Builders Aggregate Co. Inc.
with the SOS, or transfer the existing permit to Builder's Aggregate, Inc. A copy of a Transfer of
Permit and Succession of Operators form can be obtained from the Division's web page at
httD://mining.state.co.us and is also attached for your use. Any changes to the applicant name will
need to appear correctly throughout the application form.
2. The reclamation plan notes a mining buffer zone of 30 feet from the South Platte River. In the event
of a significant flood event (10-year flood or greater) it is possible that the pit will be captured by the
South Platte River. Accordingly, the Division requests that the applicant provide specific mitigation
measures that will be implemented to minimize the potential for any offsite impacts. Mitigation
measures might include maintaining a larger buffer zone between the pit and the South Platte River,
installation of flood control spillways within the pit, and/or armoring riverside and/or pit slopes in
close proximityto the South Platte River with erosion controlriprap.
The operator states that the area will be reclaimed to industrial sites when mining is completed. The
operator will need to assure the Division that the end land use of industria- can be achieved. In
addition, in order to leave any structures on site, consent must be obtained; any buildings to remain
must meet current building codes and be consistent with the end land use. If the post-mining end land
use cannot be assured, a plan for revegetation must be submitted. The alternate plan will need to
include grading, topsoil replacement and reseeding of the area and well as posting of additional
reclamation bond.
Office of Office of
Mined Land Reclamation Denver Grand Junction Durango Active and Inactive Mines