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~~ <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman Sc, Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (3031832-8106 <br />June 28,2002 <br />Mr. Albert R. Frei <br />Albert Frei & Sons, Inc. <br />11521 Brighton Road <br />Henderson, CO 80640 <br />RE: Walstrum Quarry, Regulaz 112 Permit Amendment Application, Permit No. M-83-033, <br />Amendment Application AM-008 <br />Dear Mr. Frei: <br />DIVISION OF <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MINING•SAFETY <br />Bill Owens <br />Governor <br />Greg E. Walther <br />Enecutive Director <br />Ronald W. Cattany <br />Acting Division Director <br />Listed below aze adequacy review comments on the above-captioned amendment application submitted by <br />Albert Frei & Sons, Inc. (AFSI). The decision date for your application is scheduled for July 25, 2002. <br />Therefore, I would appreciate a response from you on or before July 19, 2002. There have been no <br />adverse public comments received as of this date. Therefore, we do not anticipate a hearing to reach a <br />decision on your application. We have attached comments received from Clear Creek County, U.S. Army <br />Corps of Engineers, acid the Colorado Division of Wildlife. Please be advised that your amendment <br />application may be deemed inadequate and may be denied on July 25, 2002 unless the adequacy review <br />items listed below aze addressed to the satisfaction of the Division. (As a matter of clarification, the <br />amendment is listed as AM-8 although this amendment application is only the second amendment <br />application submitted since Pernvt M-83-033 was issued. It should be noted that the previous permit <br />modifications have been numbered sequentially regardless of whether they are an amendment or a <br />revision. Attached is a copy of the mine permit history including various permit modifications). <br />6.4.4 EXHHIIT D - Minine Plan <br />1. The applicant states on page 18 that no more than 100 feet of open face mine benches will be open on <br />the north side of the mine. However, mining will be extended in [he existing east face and mining in the <br />amendment azea will also result in the development of a west face in the Frei Lake area. The existing mine <br />plan and reclamation cost estimate allows for a total disturbance of 50 acres at any one time. The applicant <br />provides on page 30 of this amendment application a reclamation cost estimate based on the assumption <br />that there will be no more than 41.30 acres in the mine that needs some form of reclamation. In <br />conformance with Rule 6.4.4(d) please clarify the maximum disturbance to be expected at any one time, ie: <br />include maximum number of lineaz feet of exposed (unreclaimed) highwall and acres of disturbance. <br />6.4.5 EXHIBIT E -Reclamation Plan <br />2. The applicant indicates on page 17 [hat two (2) reservoirs will be built by excavating into hazd rock and <br />creating depressions that will be filled and emptied by a pump. The applicant has proposed 11.07 acre <br />