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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: {303) 866-3567 <br />FAX: (303)832-8106 <br />Apri129, 2002 <br />Banks and Gesso, LLC <br />Attn: Tug Martin <br />720 Kipling Street, Suite 117 <br />Lakewood, CO 80215 <br />RE: File No. M-2001-046; Nix Sand and Gravel Mine; Owens Brothers Concrete <br />Company; Adequacy Review Responses <br />Deaz Mr. Martin: <br />D r V 15 (O N O F <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MINING•SAFETY <br />Bill Owens <br />Governor <br />Greg E. Walther <br />Executive Director <br />Michael B. Long <br />Division Director <br />Our office received your adequacy responses to our letter of Mazch 12, 2002 on April 18, <br />2002. This response addressed many of the outstanding issues identified during our <br />initial and subsequent adequacy reviews, however, there are still a few areas that will <br />need to be addressed in more detail in order for us to render a fmal decision on your <br />application. The new decision date for this application is May 31, 2002. As May 31, <br />2002 is the 365`s day since the application was called complete, and in accordance with <br />Rule 1.4.1(9), if at the end of the 365 day period (for review of an application), the <br />application has outstanding adequacy issues, the Office may set the matter for a Board <br />hearing. At the hearing the Board may deny, or approve the application with or <br />without conditions. Therefore it is important that every attempt be made to address the <br />remaining issues prior to the decision date. Following is a list of the remaining items. <br />The latest iteration of the reclamation plan map revises the post-mining <br />topography to show that the majority of the excess over-burden will be placed <br />along the south side of the affected area, thereby, expanding the distance between <br />WCR 28 and the edge of the reclaimed lakes. This appears to be a good plan with <br />respect to mitigating future impacts to the wetlands south of WCR 28. <br />Unfortunately, the overall slope as illustrated on this map is presented as 2H:1 V <br />and Rule 3.1.5(7) requires that in cases where lakes are proposed as part of the <br />reclamation plan, slopes shall be no steeper than 2H:1 V except from 5 feet above <br />to 10 feet below the expected water line where slopes shall be not steeper that <br />3H:1V. Please revise the map to show that the final reclaimed slopes will comply <br />with this rule. <br />2. The mine plan map needs to be revised to show all major features of the mining <br />plan such as topsoil stockpiles, overburden stockpiles, product stockpiles, plant <br />location, the direction that extraction will proceed in each phase, etc. (Rule 6.3.5). <br />