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<br />Letter to Robert Fleming 3 December 7. 1994 <br />additional information on berm construction and costs. <br />10. The Division must add an additional 5 percent, over and above the <br />16 percent Administration/Contingencies in your estimate, to the <br />required bond amount. This is done to assure that sufficient <br />funds would be available to reclaim the site in a bond forfeiture <br />situation once 5 percent of the forfeited bond has been <br />transferred to the Mined Land Reclamation Fund in accordance with <br />Section 34-32-122(1)(a) C.R.S. Unless the reclamation cost <br />estimate is modified as discussed in item no. 10 above, the <br />required bond for the proposed pit would be $704,000.00 plus 5 <br />percent, or $739,200.00. <br />11. Please commit to locating topsoil, overburden, and product <br />stockpiles outside of the South Platte River floodway. <br />Please find enclosed a letter from the City of Thornton listing concerns <br />with the proposed pit. The Division believes that the concerns raised <br />in this letter have been adequately addressed in the application, and <br />will be drafting a response to the City of Thornton in that regard. <br />Also find enclosed a memorandum from the Office of the State Engineer <br />indicating that a gravel pit well permit will be required for this <br />operation, along with other concerns. In Exhibit M of the application, <br />it is indicated Division of Water Resources/Water Court Approval will <br />be obtained as needed, but it is not specifically stated that a gravel <br />well permit will be sought. Please state affirmatively that the <br />applicant will obtain a gravel well permit prior to initiation of any <br />ground water use by evaporation, dust control, or removal in the mined <br />product. <br />Also enclosed is correspondence from the Army Corps of Engineers <br />indicating the need for wetland delineation and mapping, and for <br />Department of the Army permits prior to any work in an existing wetland. <br />The last enclosure is a letter from Adjacent land owners Charles and <br />Dorothy Brody. The Brody's first concern is for their well, which is <br />located within 600 feet of the pit area. As noted in the attached memo <br />from the State Engineer, the applicant will be required to obtain a <br />gravel well permit prior to mining below the water table or consuming <br />water for dust control. A requirement of the gravel pit well permit is <br />a waiver of objection form well owners within 600 feet. This gravel <br />well permit requirement should serve as an adequate mechanism to <br />mitigate the Brody's concern for their well. The Brody's second concern <br />is with dust control. The applicant's commitments in the Reclamation <br />Permit to stabilize and vegetate overburden and topsoil piles, along <br />with the requirement to obtain APEN and fugitive dust permits, should <br />mitigate this concern. The Brody's further state that they wish to <br />insure that the applicant "stay within the 50 ft. Perimeter boundary for <br />mining". The Division will be drafting a letter to the Brody's <br />