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Date: October 20, 2004 <br />To: Barb Brunk and Kazen Flanders, Tetra Tech RMC <br />From: Larry Oehler, Environmental Protection Specialist <br />Re: File No. M-2004-044, Tucson South Resource, ADEQUACY ITEMS <br />The following items must be adequately addressed in order to satisfy the applicable requirements <br />of C. R. 5.34-32.5-101 et seq. and the Mineral Rules and Regulations of The Colorado Mined <br />Land Reclamation Board For The Extraction Of Construction Materials. <br />General <br />1. Please provide a copy of the notice that was sent to owners of record of affected land, <br />owners of mineral rights of affected land and all owners of record of the lands surface <br />within 200 feet of the boundary of the affected land. <br />2.. You provided copies of Certified Mail Receipts as proof of notice to owners. Rule 1 <br />Section 6,2(1)g requires that proof of notice be by submitting "Return Receipts" (green <br />cazds) of a certified mailing or by proof of personal service. Please provide copies of <br />these types of proofs of notice. The Certified Mail Receipts only prove that notices were <br />sent but not that notices were received. <br />Exhibit C -Pre-Mining and Mining Plan Maps of Affected Lands <br />The Exhibit C maps do not show an accurate Property Boundary/Permit Boundary. The <br />Phase 2A azea (27.2acres) that is presently part of permit No. M-1991-140 and is <br />proposed to become a portion of this operation is not shown by the appropriate map <br />symbol as being included within the proposed pernut boundary. Please correct the <br />boundary to show that the 27.2 acres is planned to be included. <br />2. The Existing Conditions Map, Exhibit C Sheet 3 of 7 does not accurately reflect the <br />existing conditions in the 27.2 acre pazcel presently part of permit No. M-1991-140. <br />Please show the exposed ground water as it presently exists in that area. <br />3. Rule 6 Section 4.3 (c) requires that Exhibit C Maps show the total area to be involved in <br />the operation ,including the "Area of Affected Lands." The defmition of "Affected <br />Lands" Rule 1 Section 1.1(3), in part, states "means the surface of an area within the state <br />where a mining operation is being or will be conducted, which surface is disturbed as a <br />result of such operation." Part of the reclamation of the proposed permit azea is the <br />construction of a slurry wall, which crosses the county road right-of--way for Tucson <br />Street. Please show the portions of the right-of--way that will be affected by construction <br />of the slurry wall, as being included in the proposed permit boundary. Make appropriate <br />changes to all other Exhibits, as necessary. Do the same for areas where pipes and or <br />conveyors cross road rights-of--way, if the surface of the land will be affected. <br />