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<br />~~, <br />Letter to Gre~~ lvliller 2 Vlav I S X000 <br />The DMG may not approve an application until legal right to enter the affected lands has been <br />demonstrated. Holders of easements are provided the same protections as landowners in this <br />regard. In order to approve the application by the decision date of June 23, 2000, the legal right to <br />enter the Bureau of Reclamation easement, the ditch easement, and any Magpie Operating <br />Company easements must be provided with sufficient time for DMG review prior to the decision <br />date. Also, the notarization of Edwin McDowell's signature on the legal right to enter the Flatirons' <br />property appears to be flawed. Both notarizations describe Mr. McDowell as a eeneral partner of <br />Double SM Farms; one of the notarizations should be for a general partner of Flatiron Companies. <br />Please provide five corrected replacements. <br />6. Please describe storage and spill prevention measures for any substances to be used onsite with the <br />potential to contaminate surface or ground water, e.g. fuel, lubricants, and antifreeze. Describe the <br />potential for contaminants, including wash plant fines, to be released to the river during a flood. <br />Considering the depth and velocity of I00-year flood flows through the permit azea, and the scour <br />potential of the proposed 100 foot buffer strip between the river bank and the pits, provide a <br />demonstration that the buffer strip will prevent rerouting of the river channel through the active or <br />reclaimed pits. <br />8. The following items aze related to Exhibit L -Reclamation Costs. <br />a) The tabulation of reclamation costs in Exhibit L does not appear to include an estimate of costs to <br />reclaim the haul road north of the Reichert Pit. Please estimate and include this cost. <br />b) Estimated costs must be included in Exhibit L for the demolition and disposal of any fixed buildings <br />and structures that will be onsite. The estimated costs must consider the cost to demolish and <br />dispose of foundations, footings, and equipment pedestals. <br />"' c) The 5 percent administrative cost included in Table L-4, Exhibit L was applied to the Disturbance <br />Cost Total. In accordance with Section 34-32.5-117(4)(b)(I), C.R.S. the 5 percent cost must be <br />i applied to the sum of the direct and indirect reclamation costs. In the case of Table L-4, Exhibit L, <br />j this would be the sum of the Disturbance Cost Total, the Contractor MOB/DEMOB, and the <br />Overhead. _---- - <br />Referring the letter dated May 5, 2000 (received May 11'x) from Western Mobile (Julie ~ <br />Goettemoeller) to DMG (Allen Sorenson), incorporation of the reclamation option to backfill the <br />Flatirons' Pit will require a technical revision to the application. In order to file the May 5'" letter as <br />a technical revision, a copy of the letter must be placed with the Larimer County Clerk and <br />Recorder and an affidavit or receipt from the Clerk and Recorder must be provided to the DMG. If <br />this is accomplished prior to June 7, 2000, there will be no change in the currently established <br />decision date of June 28, 2000. If the reclamation option to backfill or partially backfill the <br />Flatirons' pit is selected, and offsite fill material is imported, the Operator must provide an inert fill <br />notice in accordance with Rule 3.1.5(9) of the Construction Material Rules and Regulations. <br />-.i <br />