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<br />Though it is not specifically stated, it appears that if mining continues after Phase 1, which will be the
<br />commencement of Phase Il, mining will probably further transform the Phase 1 area, by the early creation of ramp
<br />roads up to the upper stages, and the possible lowering of the floor to a final elevation. Later changes to Phase [,
<br />which I assume will not occur until Phase 11 quarrying higher up on the hill has finally extended down to this
<br />elevation, include eliminating the 2:1 highwall on the west and creation of the steep high+valls on [he north and
<br />south, as these areas are integrated into the final highwall and bench configuration. Is this assessment correct'?
<br />You state that the highwall and bench configuration of Phase it will be created as mining is carried out. The
<br />original configuration has been slightly modified, and will produce a gentler net slope than 4~ degrees. The
<br />high+valls will remain the same, but the minimum bench width will be increased from 20 feet to 2~ feet, with a lo+v-
<br />profile "safety" berm extending longitudinally along each bench. (A cross-section of a highwall and bench slope
<br />+vas submitted, presumably as part of the geo[echnical stability exhibit, though it might depict a different site. 1 will
<br />discuss this diagram under Exhibit S, below.)
<br />You state that as the upper levels are mined down, and final highwall and bench areas are created, the nature of the
<br />exposed rock +vill be closely and continually monitored, so that adjustments may be made to ensure post-mining
<br />stability. Such adjustments may include, but not be limited to, creating highwall faces that aze less steep than 0.5:1,
<br />wider bench surfaces than 2~ feet, different berm heights, etc. (This statement +vas made concerning the
<br />geotechnical analysis, and I will explore this below, under Exhibit S.)
<br />I have written to you regarding the Division's obligation to deny an application if the proposed operation is
<br />contrary to or prohibited by specific named government entities, including the National Park Service (NPS), by
<br />reference to sections 34-32.5-I l5(4)(d) and 1 IS(4)(f)(I), CRS. You have not demonstrated that this site or your
<br />operation is not under some degree ofjurisdiction of the NPS. Therefore, since NPS has included several
<br />requirements about your operation in their Special Use Permit (SUP) with you, for topics which are also
<br />jurisdictional to DMG, you must continue to comply with the SUP in order to remain in compliance with the DMG
<br />permit.
<br />You state that no areas will be disturbed beyond the existing 1 l0 permit area plus the additional two acres until
<br />approval is received from the NPS. This is also included as a condition of the SUP, and is described simply as
<br />"approximately l2 acres" of land, regarding where your operation will be. Though no accurately measured acreage
<br />or detailed metes and bounds description has yet been provided, this office will accept a figure of 12 acres
<br />maximum disturbance, as long as an accurate map exists depicting that parcel. This office will monitor to ensure
<br />that this limited operation plan is observed, and the amount of bonding will be set for Phase I activity only.
<br />(tern 10 of the SUP allows screening, crushing and hatching equipment on the site, but only for periods of 90 days
<br />or less, at a time. DMG approves the use of these types of equipment for processing, but does not place a time limit
<br />on them. We will monitor ,however, to ensure that they are used in the locations approved under this conversion
<br />application, that all related fluids are stored and contained properly, and that all spills and contamination are
<br />cleaned up.
<br />Erosion and sedimentation from the site, including roadways, is ajurisdictional issue and will be monitored by
<br />DMG. You have a CDPS pernut, which will be kept in force and followed during the operation. Erosion and
<br />uncontrolled drainage from roads is covered under item 14 in the SUP. DMG +vill not dictate the road construction
<br />specifications, nor road locations, but will monitor to ensure that they are stable, and that adverse impacts to the
<br />prevailing hydrologic balance are minimized.
<br />Item 17 of the SUP states that no pesticides are to be used, but it is not clear if that includes herbicides for
<br />controlling noxious weeds. At this time, since no noxious weed infestations are known to exist on the permit area,
<br />such use is not an issue. If noxious weeds are discovered, DMG will require that a weed control plan be
<br />implemented, and the question about the use of herbicides will have to be answered.
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