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• <br />• iii iiiiiiiiniiiiii <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmenl o! Natural Resources <br />1713 Sherman St.. Room 215 <br />Denver, Colorado 80207 <br />Phone: 13031 8hh-3567 <br />F AX: 13031 832-A 106 <br />June 5, 1996 <br />~~~~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Mr. Lloyd V. "Buck" Barnhart <br />212 West 13th Street <br />Pueblo, Colorado 81003 <br />Re: Adequacy Letter, Amendment Application <br />Rich Pit, Permit No. M-85-218 <br />Dear Mr. Barnhart: <br />Roy Ruiner <br />Gorernnr <br />lamr> S Lurhhead <br />E.ct ulive Duhlnr <br />Mi(hae tl. Lung <br />Oraniun Dnerlur <br />The Division completed a technical review of your amendment application. The Division's <br />concerns, questions, and comments have been organized on an exhibit-by-exhibit basis. Any <br />exhibit, or part thereof, not mentioned in this letter is considered adequate. <br />Items of concern are as follows: <br />1. Amendment Application <br />Page one of the application, specifically paragraph number 3, states there are 87 acres in the <br />existing permit area, and you intend to add another 277.88 acres for a total of 364.88 acres. <br />However, the existing permit contains 89 acres (a 5-acre batch plant site in the NE'/o Section <br />33-20S-63W, a 10.5-acre access road in Sections 33, 34 and 35-20S-63W, and a 73.5-acre <br />mine site in Section 2-21S-63W), so if you still intend to add 277.88 acres, the total amended <br />permit area will contain 366.88 acres. Please revise page 1 of the application and send one <br />original and four copies of the corrected document. <br />2. Amendment Application <br />There are four items on page 2 of the application that need to be addressed. First, para- <br />graph 6 shows Southwest Ready-Mix, Inc., as [he owner of subsurface rights of [he affected <br />land. However, the exhibit maps show that a portion of the affected land (the NE'/a NE'/< <br />NW'!a Section 3-21S-63W) belongs to the BLM, and [here is no documentation in [he <br />application that suggests, or proves, that the subsurface rights were ever conveyed to the <br />applicant or that the applicant has a legal right to enter and initiate a mining operation on the <br />proposed affected land. The applicant has several options to resolve the problem. Since <br />there may be a question of ownership (your May 12, 1996, letter to the BLM), the easiest <br />solution would be to eliminate this acreage from the permit area (which would require a <br />revision of the permit boundaries). <br />Second, paragraph 7 shows Southwest Ready-Mix, Inc., as the owner of the surface of the <br />affected land. Here again, there appears [o be a discrepancy between the exhibit maps and <br />