2005-03-14_REVISION - M1978314

• Permit No: M1978314
• IBM Index Class Name: Revision
• Doc Date: 3/14/2005
• Doc Name: Response to Adequacy Review #3
• From: Banks and Gesso LLC
• To: DMG
• Type & Sequence: CN1
• Media Type: D
• Archive: No

MAR-06-05 03:14PM FROM-Colorado Dlvlsion of Minerals 8 Gsoloiy [phone]
T-060
P. 001 /003
F-B36
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY_
Department of Natural Resourca~ ~~ ~~
1373 Sherman St, Room 215
Denver, Colorado 80203
Phvne: (303) 866;567
FA)<: [phone]
March 8, 2005
Mr. Kirk Eberl
King Mountain Gravel, LLC.
7276 W. Mansfield Avenue
Lakewood, CO 80235
Post•it' Fax NOtB 7671 D~j ~ pagq-
To From ~
CoJDapr co.
Phone r Prrone
a Fex a
RE: King Mountain Gravel, LLC., Permit No. M-1978.314; CN-Ol
King Mountain Sand & Gravel Mine; Adequacy Review #3
Dear Mr. Eberl,
COLORADO
DIVISION O P
MIN RALS
GEO~OGY
Bill Omms
cavcmor
Ruswll Cedrne
E<ecueve Dirtemr
Ronald W.4mny
DNkion Direryw
Nnunl Resource 7~uAee
The Division received the second adequacy responses for the King Mountain Sand 8c Gravel
Mine Conversion Application (CN-Ol), Permit No. M-1978-314. The Division has additional
questions and cotntncnts that will need to be addrossed prior w approval of the revision.
1. Surface Water: The applicant further researched the issue as to whether the Division of
Water Resources (DWR) requires an augmentation plan or water court decree when
stormwater is retained for a period exceeding 72 hours. The applicant states that there are no
water rights issues when a rotertion basin is always dry witl»n 72 hours of a storm event, and
infiltration is an acceptable manner of groundwater recharge if a basin has no outlet. The
Division concurs that if the basin infiltrates water within 72 hours, then this is an acceptable
means to recharge groundwater Aowcver, if stormwater is retained in the pit for a period to
exceed 72 hours, then the applicant will need to contact the Office of the Staze Engineer to
determine the process to release the accumulated water to the stream system within 72 hours
or make replacements for evaporation.
2. Endangered or Threatened Species: The Division contacted the Division of Wildlife
(DOW) regarding the adequacy responses and proposed mitigazion plan. The Division spoke
with Ms. Libbie Miller on March 7, 2005. In order to mitigate impacts to the Columbian
Sharp-tailed Grouse and Greater Sage Grouse, the DOW continues to recommend that the
mining operation start Ilp time begin no sooner than 9:00 a.m. from March through May.
The Dow letter ot'7anuary 7, 2005 states;
"During the breeding season, a restriction on hours of operation could be implemrnted
to protect nearby lek activity. A starting time of 9:00 a.m. mould potentially minimise
noise disturbance and any subsequent impacts to nearby lok activity. Lek attendance
typically occurs March through May."
Mule 3.1.8(1) of tha Construction Materials Rules and Regulations stazcs that all aspects of
the mining and reclamation plan shall take into account the safety and protection of wildlife
on the mine site with special attention givtat to critical periods itt the life cycle of those
Olfice of Office of Colorado
Mined 1. nd Rarlam~llon Active and InaRivC Mines GeabSical Survey