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Mr. Rudolph Fontanari 2 January 23, 1997 <br />Flagstone Quarry No. 2 Permit No. M-96-076 <br />Mining is to commence at the south end of the permit area and continue downhill through <br />8 phases of 3/4 acre parcels of land. Topsoil salvaged from Phase 1 area is to be utilized <br />to construct a sediment retention embankment at the Phase 8 area. Sediment <br />embankment will remain for the life of mine, approximately 20 years. DMG recommends <br />construction of the embankment to include: removal of vegetation and topsoil from the <br />area underlying the embankment; appropriate compaction and key trench excavated from <br />underlying soil to provide foundation for embankment; appropriate compaction of <br />embankment material during construction; establishment of vegetative cover to stabilize <br />embankment outslopes; and construction of erosion resistant spillway structure to allow <br />controlled discharge during high runoff storm events. <br />Exhibit D -Reclamation Plan -Reclamation map indicates that perimeter safety/sediment <br />containment ditch and sediment retention embankment will remain as permanent features. <br />Please clarify whether sediment containment ditch and sediment pond will be removed <br />during final reclamation or remain as permanent features. Rule 6.3.4(1)(d) states <br />configuration requirements for permanent pond inslopes. <br />Office of the State Engineer (OSE), Division of Water Resources, may require <br />submittal of notice of intent to construct anon-jurisdictional water impoundment <br />structure. Please find enclosed, copy of the notice required by OSE. Submittal of <br />notice to OSE is not a condition for DMG approval of application M-96-076. <br />Exhibit L -Permanent Man Made Structures -Application contains indemnification <br />agreements between Public Service and applicant, and between Powderhorn and <br />applicant, for the existing overhead electric lines. Indemnification agreements do not <br />specifically state that the applicant will provide compensation for any damage to the <br />structures resulting from mining activities, as required by Rule 6.3.12(a). Please provide <br />notarized damage compensation agreements or engineering evaluations demonstrating <br />that overhead electric lines shall not be damaged by mining activities, as required by Rule <br />6.3.12. <br />Application maps locate an irrigation ditch, Martin-Crawford Ditch, within 200' of the <br />southern permit boundary. Please provide notarized damage compensation agreement or <br />engineering evaluation demonstrating that Martin-Crawford Ditch shall not be damaged by <br />mining activities, as required by Rule 6.3.12. <br />On 9/18/96, DMG received letter from Ute Water Conservancy District, dated 9/16/96, <br />stating concern for possible damage to underground water lines resulting from equipment <br />and haul truck traffic. Please find enclosed, copy of 9/16/96 letter and DMG 1/23/97 <br />response. Please indicate locations of underground water lines, identified by Ute Water <br />Conservancy District, in relation to the permit area and designated haul road. If water <br />lines are located within 200' of permit boundary, please provide the compensation <br />