2005-01-24_REVISION - M1999120 (2)

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STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY /' Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 8663567 FAX: (303) 832-8706 January 24, 2005 ~ COLORADO DIVISION O F MINESRALS GEOLOGY 0.ECLAMATION•MINING SAFETY•SCIENCE Paul Gesso / Bill Owens Banks and Gesso, LLC covemor 720 Kipling St., Suite 117 Russell George Lakewood, CO 80215 Executive Director Ronald W. Cottony Division Director / Natural Resource Trustee RE: L.G. Everist, Inc, File No. M-1999-120 / c/ Fort Lupton Sand and Gravel Mine112c Amendment (AM-O1) Application -Third Adequacy Review Deaz Mr. Gesso, Listed below are the third adequacy review comments for the Fort Lupton Sand and Gravel Mine 112(c) Amendment (AM- Ol) Application, File No. M-1999-120. The Division of Minerals and Geology ("Division") is required to make a recommendation no later than January 26, 2005, therefore, yow response to the following adequacy review concerns should be submitted to the Division as soon as possible. Rule 6.4.7 Exhibit G -Water Information In the Applicant's Second Adequacy Response Letter, under item 4, "Commit to measwes to be taken if trigger points are reached," the Applicant states, "If a trigger point is reached and either a complaint is received or if monitoring of vegetation indicates a hydrologic imbalance, LGE commits to starting the assessment of the situation immediately." The Division does not accept this as the required set of circumstances to commencing an investigation and potentially implementing mitigation measwes. The trigger point is reached if anx of the trigger criteria are reached: the groundwater level drops two feet below the 3 month average for groundwater; a complaint is received; or vegetation is stressed. If any one or combination of these conditions occurs, it is an indication that groundwater might be being influenced by the operation, and the Division's opinion is that an investigation to identify the cause(s) should immediately commence, and immediate implementation of temporary or permanent mitigation measwes may be required. Because an objection was filed, this matter must be set for a hearing before the Mined Land Reclamation Board. The tentative date for the hearing is February 15 and 16, 2005. However, the Division will need to make a recommendation by January 26, 2005. Please be advised that the L.G. Everist Fort Lupton Sand and Gravel Mine 112(c) Amendment (AM-Ol) Application may be deemed inadequate, and the application may be denied on January 26, 2005 unless the above mentioned adequacy review items are addressed to the satisfaction of the Division in a timely manner allowing for adequate time to review the responses. If you feel more time is needed to complete your reply, the Division can grant an extension to the recommendation date. This wilt be done upon receipt of a written waiver of your right to a recommendation by January 26, 2005, and request for additional time. This must be received no later than the deadline date. Also be aware that the responses to the adequacy questions raised in this review may result in further comments by the Division, which may require an additional response from the Applicant. If you have any questions, please do not hesitate to call me at (303) 866-4935. Sincerely, 6~ ~ L<~~ Kate Pickford Environmental Protection Specialist Office of Office of Colorado Mined Land Reclamation Active and InaRive Mines Geological Survey