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<br />~~ Banks and Gesso, LLC <br />~~ <br />March 11, 2005 <br />Erica Crosby <br />Environmental Protection Specialist <br />Division of Minerals and Geology <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Subject: King Mountain Gravel, LLC; Per <br />King Mountain Sand and Gravel <br />Dear Ms, Crosby: <br />720 Kipling St.,Suite117 <br />Lakewood, Colorado 80215 <br />(303) 274-4277 <br />Fax (303)274-8329 <br />www. ba n ksan dgesso. co m <br />. L <br /> <br />Pixisirn nt PS;rr;, Is i'•'~~.cirol• <br />nit No. M-1978-314; CN-01 <br />Mine, Response to Adequacy Review #3 ~ <br />On behalf of our client, King Mountain Gravel, LLC, we offer the following response to the Division's 3rd <br />Adequacy Review Letter, dated March 8, 2005. <br />1) Surface Water: If stormwater is retained in the pit for a period exceeding 72 hours, the applicant <br />will contact the Office of the State Engineer to determine if release or replacements for evaporation <br />are required. <br />2) Endangered or Threatened Species: Regarding the Division of Wildlife's recommendation that <br />the operation not be allowed to start prior to 9:00 A.M. from March through May, we are discussing <br />possible compromise solutions with the DOW and are waiting for feedback from our latest proposal. <br />We will provide a written commitment to the Division regarding this issue on or prior to the decision <br />date. <br />3) Seeding of Un-mined Areas: The applicant will commit to inter-seeding at least 80 acres within the <br />permit boundary (particularly unaffected areas and/or areas within phases 3 and 4, which will not be <br />mined for many years) to encourage continued use of the area by grouse. We have not yet <br />received planting guidelines or seed mix recommendations from the Division of Wildlife for this <br />inter-seeding activity. The applicant will submit this information to the Division, via a Technical <br />Revision, prior to starting the inter-seeding activity. <br />4) Sedimentation and Erosion Control Plan: The applicant will obtain a CDPS stormwater <br />Discharge Permit prior to commencing mining activities that may potentially cause stormwater to be <br />discharged from the site. Please see the revised Exhibit C-3 for proposed locations of erosion <br />control features. <br />5) Comments from the Office of the State Engineer: Please see the attached opinion letter from <br />James R. Montgomery, Esq. regarding water rights for this site. Mr. Montgomery states that water <br />may be available from Smith Creek under free river conditions. This operation will require between <br />4,000-15,000 gallons per day for dust control, depending on the size of the disturbed area and the <br />weather conditions on any given day. The site will typically operate from May through October. We <br />expect that water for dust control will be pumped from Smith Creek when free river conditions exist, <br />and purchased or delivered from off-site sources when they do not. Alternatively, operations will <br />temporarily cease if water is not available. <br />