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(rc•,x /~v/~ ~ZLSOarc1S ~NC, March 30, 2006 Steve S, Shuey Division of Minerals and Geology I/ Grand Junction Field Office 101 South Third Street, Room 301 Grand Junction, CO 81501 Nby,....... .. .tip :. f; -deceived APR 0 6 2006 Grand Junction Fteld Oitice -- Division of Minerals & Geology / / RE: Benson Brothers Red Shale Pit, File No. M-2005-071, Preliminary Adequacy Review csPmzse ~~ Deaz Mr. Shuey: I will address the Adequacy Issues in the order that you presented them. I have enclosed the Proof of Publication and mailing of public notices as required by Rule 1.6.2(1)(d),(e),and (g). 2. The bearing was corrected on Exhibit A with the Amendment submitted in February 2006. 3. The revised Mining Plan Map submitted with the Amendment identifies the permit azea, affected azea, and anticipated excavation azea. 4. The revised Pre-Mining Map submitted with the Amendment shows owners of all structures located within 200 feet of the affected azea. 5. The land for the proposed access road was added to the legal description, maps, and application documents submitted with the Amendment in February. 6. .Sediment controls and silt fence were shown on the revised maps with the Amendment in February. 7. .Sepazate topsoil and overburden stockpiles were shown on the revised maps with the Amendment in February. 8. The Mining Plan has been revised to commit to topsoil stockpile slopes no steeper than 3H:1 V if adequate space is available. 9. The Mining Plan has been revised to commit to salvaging and replacing all reasonably available topsoil. 10. The Mining Plan has been revised to show the estimated volume of overburden that may be stockpiled for replacement. 11. The Mining Plan has been revised to include specifications for spill containment for fuel that may be stored on site. 12. The Mining Plan has been revised to indicate anticipated number and depth of benches that may be excavated.