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_ III IIIIIIIIIIIIIIII STATE OF COLORADO PIVISIQN OF MINERALS AND GEOLOGY DeP~ftfnePf of NalNra~ Resources 1313 Sherman Sf., Room 21 i Denver, Colorado 80203 D I V I S I O N O F Phone: 13071 866-7557 MINERAL $ FAX: (3071 832-8105 & GEOLOGY Apri12>,2000 MENINGMS rFETY Mr. Clem McNaney ell Owens P.O. BOX 248 Governor Windsor, CO 80550 Creg E. Walther Ezecvo~e Director Michael 8. Long RE: La Poudre Sand & Gravel Pit; Permit No. M-83-090 Division Duedor Dear Mr. McNaney, The Division of Minerals and Geology received your letter on April 17, 2000 regarding the Hall-Irwin La Poudre Sand and Gravel Pit, Permit No. hi-83-090. The main concern addressed in your letter is similar to the letters you sent to the Division on February 25, 2000 and March 8, 2000 regarding placement of berms in the 100-year flood plain. The Division received this letter within 5 days of the informal conference held at the Division on April l2, 2000. Therefore, the additional comments will be considered under this permitting action. The Division is confused regardin ~ your statement that you aze not aware if anyone from our office has been out to the site. As you recall, the Division (myself and Tom Schreiner) inspected the site on March 10, 2000 with you and Dana Moore of Tuttle Applegate. During that inspection you pointed out the berm around a portion of the Hal I-[twin property adjacent to County Road # 13 and your concems regarding impacts to your property due to construction of the slurry wall. Since that time, the Division has talked with you several times regarding these issues and held an informal conference on April 12, 2000. During that meeting, it was pointed out that construction of the berms may not be considered an issue associated with this particular amendment application because it is outside of the scope of installation of the slurry wall. In order to address your concems regarding the berms located along Weld County Road # 13, the Division reviewed the file for specific language regarding the location and reclamation of the stockpiled material. The 112 Mining and Reclamation Permit approved by the Division allows material to be stockpiled and used for reclamation. In order to clarify tht: permit, the Division will request that the operator specifically identify how the piles will be utilized during reclamation to achieve the postmining land use. Once the operator informs the Division as to the reclamation of the berms, then the bond estimate will be revised accordingly. Regarding the actual construction .if the berms, the Division forwarded your concems to the Weld County Planning Department in a letter dared April 12, 2000. Specific language regarding what is allowed in the 100- year flood plain or flood way is included in the Special Review Permit issued by the Weld County Commissioners. The Division does not enforce conditions required by another government agency. As stated above, the Division will require H:tll-Irwin to state how the berms will be reclaimed to achieve the postmining land use. A few other issues were noted in your letter. Your letter questions when the mining building will be removed. The permit issued to Hall-lrwin Construction Company was for mining and reclamation of the La Poudre Gravel Site. Please be aware that the Mining and Reclamation Permits issued by the Board do not have expiration dates. Rule 3.1.3 states that the Operator shall carry all reclamation to completion with all reasonable diligence, and each phase of reclamation shall be completed within five (5) years from the date the Operator informs the Division that such phase has commenced. The .2000 Annual Reclamation Report submitted by Hall-Irwin indicates that mining may continue into the year of 2000 in Pit #3. Based on this information, the operator would not be required to reclaim the site any soener than 2005. It should be noted that Hall-Irwin has reclaimed a majority of