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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY 9~ <br />Department of Natural Resources <br />1313 Sherman 6[., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />April 17, 2006 <br />Mr. Michael L. Ripp <br />MVR Resources, Inc.E/ " <br />P. O. Box 54 <br />Delta, Colorado 81416 / <br />RE: Benson Brothers Red Shale Pit, File No. M-2005-071 <br />Dear Mr. Ripp: <br />COLORADO <br />DIVISION O F <br />MIN &RALS <br />GEOLOGY <br />RECLAMATION•MINING <br />SArETY•SCIENCE <br />Bill Owens <br />Govemar <br />Russell George <br />Executive Director <br />Ronald W. Cattany <br />Division DIreCIOf <br />Natural Resource Trustee <br />.J 2CoiL ~- <br />, New Application #e4ir~»r~gAdequacy Review L~ <br />DMG has completed review of your April 6, 2006 response to the preliminary adequacy review of your <br />application fora 112c Regular Operation Reclamation Permit for the Benson Brothers Red Shale Pit. The <br />application cannot be approved until the remaining few issues are adequately addressed. Please submit a <br />response to the following issues as soon as possible, but no later than May 1, 2006 so the DMG Staff can <br />render a decision by the May 16, 2006 decision recommendation due date. If your response, or a written <br />request for extension of the decision date, are not received by May 1, 2006 this application may be denied. <br />Please be aware, that if you wish to have the formal public hearing for this application at the May <br />70-11, 2006 meeting of the Mined Land Reclamation Board, responses to this letter must be <br />received as soon as possible, but no later than Aprif 19, 2006, so the DMG recommendation can be <br />made on April 20, 2006. <br />ADEQUACY ISSUES <br />1. Response acceptable. <br />Exhibit A - Leaal Description <br />2. Response acceptable. <br />Exhibit C - Mining Plan Map <br />3. Response acceptable. <br />4. Response acceptable. <br />5. Response acceptable (upon approval of the amendment). <br />6. The silt fence shown along the access road lies partially outside the permit boundary, please <br />relocate this to a location inside the permit boundary. Please show how drainage from above the <br />process area will be directed around or through the area, and provide details regarding how much <br />flow is expected, how the drainage control features are sized to handle that flow, and how the <br />sediment control features (straw bales, silt fence, pond, etc) will be adequate to pass the flow. <br />Please demonstrate that the proposed 24" culvert is adequately sized to safely pass projected flow <br />from upgradient areas in that drainage. <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />