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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 C O L D RA D O <br />Denver, Colorado 80203 DIVISION O F <br />Phone: (303) 866-3567 M I N E <br />RA L S <br />FAX: (303) 832$106 - ~ <br />G E O L O G Y <br /> M1EC LAMATION•NIN ING <br /> SAFETY•SCIENCE <br /> <br /> Bill Owens <br />March 29, 2005 Governor <br /> Russell George <br /> Executive Director <br />Kazen Flanders <br />I <br />T <br />E <br />~ Ca <br />o;Y <br />o;~~o p <br />, <br />. <br />. <br />. / e~ <br />;r <br />Tetra Tech RMC, Inc. / Natural Resource Trustee <br />1900 S. Sunset Street, Suite 1-F <br />Longmont, CO 80501 <br /> ~ v/ <br />Re: Tucson South Resource, 112c Permit Application, File No. M-2004-0 44 ,Water Sunuly <br />Pipeline Stability Analvsis /Exhibit S <br />Dear Ms. Flanders: <br />The Division engineering staff reviewed the revised stability analysis and proposed setbacks, <br />included in a submittal from your office dated November 22, 2004. The Division agrees with the <br />results of the analysis and proposed setbacks with the exception of the 50 feet setback from the <br />north pipeline (water supply line). At the time of the Division's recommendation and rationale <br />to the MLRB regarding the application, the pipeline had not been installed and the Division was <br />not concerned about a setback requirement for a structure that did not exist. However, now that <br />the pipeline has been installed and the MLRB has not made a decision on the application, <br />Aggregate Industries must address the pipeline in accordance with the Act at 34-32.5-115(4)(e) <br />and the Rules and Regulations at 6.4.19(a)-(c), Exhibit S. The November 22 submittal stated <br />that the Applicant has a setback agreement with the owner of the pipeline. If the agreement <br />satisfies the requirements of Rule 6.4.19 (a) or (c), provide a copy of it to the Division for our <br />review. Otherwise, address the Allen Sorenson memo tome (copy enclosed) dated December <br />22, 2004, in regazd to slope stability and setback from the pipeline. <br />Sincerely, <br />d~ ~~~~'Y <br />Larry D. Oehler >~ <br />Environmental Protection Specialist <br />Enclosure: <br />Cc: Allen Sorenson-DMG <br />Hany Posey- DMG <br />Mike Refer- Aggregate Jndustries <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />