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- • III IIIIIIIIIIIII III • <br />-.- <br />- -_= <br />_ - <br />TUTTLE APPLEGATE, INC. R~r~ <br />Consultants for Land and Resource Development "'~~~{~~ <br />May 7 , 1993 ~AY 1 0 1gg3 <br />Oivisip~ of/,~„~E,a's s ~; .. . <br />"w;>u~ <br />Mr. Allen Sorenson <br />Division of Minerals b Geology <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />RE: Monks Construction Company, Amendment to M87-131 <br />Dear Mr. Sorenson: <br />This letter is in response to the adequacy review and inspection of <br />Monks Pit No. 2 under Amendment to M87-131. The items in the list <br />of concerns will all be addressed in this letter. <br />As you probably know, R. E. Monks Construction Company and Mr. <br />Doug Kerrigan have been in arbitration regarding several <br />issues with this amendment area. Arbitration continued until <br />late 1992. In order not to severely prejudice Monks' case in <br />the arbitration, the lawyer for Monks suggested that his <br />client take no action on the amendment area until the issues <br />in question were resolved. Until the arbitration was <br />concluded, it was unclear whether Monks or Kerrigan was <br />responsible for the amendment. Monks has now submitted an <br />amendment application and has acted in good faith to follow <br />the directives of all the various parties involved. Monks is <br />asking that the Civil penalty be suspended based on the <br />previous facts. <br />2. The operator has indicated that constructing a berm on the <br />south side of the pit to contain stormwater within the pit <br />will be done. This will prevent any further erosion and <br />sedimentation of areas outside the permitted acreage. The <br />operator will remain aware of the need for periodic inspection <br />and maintenance of the protective measures taken, particularly <br />following storm events. <br />3. The operator agrees to reclaim all the slopes in the amendment <br />are to a 3H:ly ratio or less. A new Exhibit L reflecting a <br />revised cost estimate to show the cost of grading the existing <br />highwalls to 3:1 is included. <br />4. We have talked to Jim Gree <br />entire permit area undergo a <br />we feel it is economically <br />large archeological survey <br />added. <br />~n about his desire to have the <br />n archeological clearance survey. <br />unreasonable to require such a <br />when only 68 more land is being <br />11990 Grant Street, #410 <br />Denver, Colorado 80233 <br />Telephone: (303) 452-6611 <br />Facsimile: (303) 452-2759 <br />