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~` iii iiiiiiiiiiiiiiii ,.9.~ .~ ~ OF COLORADO DIVISION OF MINERALS AND GEOLOGY Depa~Imenl of Nalur.l Resources 131 4 Sherman $L, Ruum ! 15 Denver. Colorado a0?o3 I'hunc. 1 1031 afifi-}567 r.~x I~oua;z.alo6 February 7, 1996 I~~~~ DEPARTMENT OF NATURAL RESOURCES Kup Nnm~ i Ms. Pamela E. Acre "'"`"""' Tuttle A le ate Inc. "°""""'''''°'"' PP 9 E~et nn,r Din.~u„ 11990 Grant Street Suite 410 ~,~<ha,•~ R ~nn~ Denver, CO 80233 °'""""' ""''` "" RE: Thompson Properties, Horn Pit, Conversion Application: Staff Recommendation to the Board and Notice of Pre-Hearing Conference and Board Hearing, File No. M-83-102 - CN-001 Dear Ms. Acre: In accordance with Rule 1.4.5(5)(a) of the Construction Materials Rules and Regulations, the Division is notifying you of the following: On February 6, 1996, the Division made the decision to recommend to the Mined Land Reclamation Board (MLRB) approval of the above referenced conversion application. The recommended approval includes the following stipulations/conditions developed during an informal conference, with an objection, on February 6, 1996. 1. No disturbance may occur closer than 200 feet from any permanent mad made structure, including the property line fence along the east side of the permit boundary, unless there is an agreement between the operator and persons having an interest in the structure that damage to the structure is to be compensated for by the operator, or where such an agreement cannot be reached, the applicant provides an appropriate engineering evaluation that demonstrates that such structures shall not be damaged by proposed construction materials excavation operations. 2. All fuel tanks on the site must be bermed to contain any spills. The operator must provide a copy of any notification to the Colorado Department of Public Health and the Environment of any fuel spills on site. Such notification must be provided to the Division of Minerals and Geology on the same day as when CDPHE is notified. 3. No chemical floulants may be used on the site without prior approval from the Division of Minerals and Geology.