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• <br />DIVISION OF MINERALS AND GEOLOGY <br />IL I• vlinanl nl NJlupl ReS~rtur'l'~ <br />le ~,.~ ~„L•i.nl~~lui ~i~l <br />.. ...' alit. <br />August 11, 1998 <br />Mr. Bill Bailey <br />Custom Crushing, inc. <br />37346 Hwy 6 & 24 <br />P.O. Box ] 556 <br />Rifle, CO 81550 <br />-- ~'~'~I <br />II~~~ <br />I)EI'AICf~\1PNT OF <br />NATURA L <br />IZESOUIZC:ES <br />I(. •. K...... i <br />L, ,•., i•i, hn•.n <br />I..,...,..,... ,., <br />.,.• L, . i Y. I,.. ., <br />I~,.,.,~,.,.•.. <br />RE: Adequacy Review Amendment No. 1, MMM/Chambers and Colorado Rivers Edge Pits, <br />Permit No. M-79-205 <br />Dear Mr. Bailey <br />The Division has reviewed the above referenced Amendment application and has the following <br />questions(comments. <br />Please be advised that the amendment application be deemed inadequate, and your permit amendment <br />may be denied on August 31, 1998 unless the following adequacy review items are addressed to the <br />satisfaction of the Division. <br />1) On Page C-1 of the application, it is stated that, "Casey concrete has a batch plant, office, truck <br />scale, fuel tanks and associated facilities within 200-feet of the permit boundary. These facilities are <br />outside of the mining area so no special protection measures aze warranted." <br />It is also stated on this page that, "The Union Pacific Rail Road tracks and State Highway 6 & 24 are <br />within 200-feet of the permit boundary. These facilities are outside of the mining area so no special <br />protection measures are warranted." and, "There is a major power line corridor which runs in a north <br />south direction across the Phase II and Phase III mining areas. The power lines are owned by Colorado <br />Ute. The Operator will work with Colorado Ute to determine the appropriate radii of undisturbed soil <br />to leave around the poles to assure the integrity o the power line is notjeopardized." <br />Please note that Section 34-32.5-115(4)(e) of the Construction Materials Act allows for the denial of a <br />permit (or amendment) if `'(e) The mining operation will adversely affect the stability of any <br />significant, valuable, and permanent manmade structures located within two hundred feet of the <br />affected land; except that the permit shall not be denied on this basis where there is an agreement <br />between the operator and the persons having an interest in the structure that damage to the structure is <br />to be compensated for by the operator, or where such an agreement cannot be reached, the applicant <br />provided an appropriate engineering evaluation that demonstrates that such structures shall not be <br />damaged by proposed construction materials excavation operations;" <br />iii iiiiiiiiiiiu iii <br />STATE OF COLORADO <br />