PERMFILE102605

• Permit No: M1997011
• IBM Index Class Name: Permit File
• Doc Date: 4/9/1997
• Doc Name: BACULITE MESA PIT FN M-97-011 SECOND ADEQUACY REVIEW
• From: LLOYD V BARNHART
• To: DMG
• Media Type: D
• Archive: No

L1• d V. "Buck" Barnh~ t III IIIIII~IIIIIIIII
212 West 13th, Pueblo, Colorado 81003
Office: [phone] Home: [phone] Fax: [phone]
April 7, 1997 X19 S/A~'73as~
Mr. Tom Schreiner
Division of Minerals and Geology
1313 Sherman Street, Room 215
Denver, Colorado 80203
Re: Baculite Mesa Pit -File No. M-97-011
Second Adequacy Review
Dear Tom:
RECEIVED
APR 0 91997
Division of Minerals S Geology
I will respond to your two concerns in the order they were presented:
I . Proof that all public notice requirements have been completed.
Attached is a copy of the Affidavit of Publication from the Pueblo Chieftain attesting that
publication was made as per the regulations.
Also attached are copies of the Receipt for Certified Mail as proof of mailing to adjacent
owners, as well as return receipts from the owners to prove that the notices had been
received.
2. ConTirm whether groundwater will (or will not) be exposed during the mining
operation.
The applicant has no intention of exposing groundwater or impacting Nussbaum Spring.
They are familiar with Colorado Water Laws and the requirements thereof. The Nussbaum
Spring issue was an important point in the Pueblo County Special Use Permit application and
hearings. Both the applicant and some adjacent owners hired water engineers to develop
acceptable wording for the permit and a protective plan of operation. The following is Item
#15 in the Pueblo County Special Use Permit, and is intended to apply to the MLRB permit:
"I5. Mineral extraction shall not be permitted below [he elevation of the Nussbaum Spring
static water [able as established by a certified engineer. Said static elevation certification
shall be established, and documentation forwarded to the department of Planning and
Development, prior to mining activity being established beyond the boundaries of the initial
forty-acre permit, in force at the time of this amendment."
The 5,165' elevation you mention as a depth limit of extraction was a "best guess" by those
of us involved in the application. The pit floor was estimated to be 5;150' with a maximum
of ] 0- I S feet, estimated, of perched water above that.