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-- ~II ~I~II~~I~I~~~ ~I~ sss ~~ Banks and Gesso, LLC ~~ June 14, 2001 Thomas A. Schreiner Division of Minerals and Geology 1313 Sherman Street, Room 215 Denver, CO 80203 720 Kipling St.,Suite117 Lakewood. Colorado 80215 Fax ~dF~ nksandgesso.com 18 1001 Division of Minerals and Geology RE: Second Response to Green/Croissant Property, Regular 112 P.dequacy Revie:~~, DMG File No. M-2001-022 Dear Mr. Schreiner: The following response to the remaining adequacy review concerns for the Green/Croissant Property Regular 112 Application (File No. M-2001-022) has been prepared for your review and consideration. The responses below address each of your concerns in the order they were presented in your letter of June 8, 2001. 6.4.3 EXHIBIT C -Pre-mining and Mining Plan Map(s) of Affected Lands The Applicant will provide either a Structure Agreement from Machi-Ross Petroleum Company, an engineering evaluation, or proof that the structure has been completely abandoned and title conveyed to Loveland Ready Mix Concrete, Inc. 6.4.4 EXHIBIT D -Mining Plan 2. Upon appro~~al, a Spill Prevention Containment and Control (SPCC; Plar, `.a~ill be forwarded to the Division of Minerals and Geology (DMG) if submitted to either the Weld County Health Department or the CDPHE. Neither Rule 3.1.6(1), nor the enabling statute (C.R.S. 34-32.5-116(4)(h)) indicate that the DMG is qualified or authorized to review SPCC plans if the agencies responsible for reviewing such plans, as listed above, do not deem such a plan to be necessary. For the purposes of DMG review, the Applicant submits that, due to storage of chemicals in above ground tanks, it has been required to construct a spillage retention berm of adequate size to contain a spill from the largest container on-site (Weld County Site Development Standard 21). In the event of a spill, the operator would engage an approved disposal company, as required to remove any persistent chemicals.