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AUG-06-2003 WED 03 44 PM BANKS AND GESSO LLC FAX N0. 303 274 8329 P, 02 ~^ Banks and Gesso, LLC ~~ August 6, 2003 Division of Minerals and Geology Attn: Kate Pickford 1313 Sherman Street, Room 215 Denver, CO 80203 720 Kipling St.,Suite117 Lakewood, Colorado 80215 (303)274-4277 Fax (303)274-8329 www. banksandgessa.com RE: Heit Sand and Gravel Mina; M-2003-016; Response to Fourth Adequacy Review Ms. Pickford: We are in receipt of the Division's Fourth Adequacy Review letter in regards to the above referenced permit application. Our responses to those concerns follow below in the same order as presented in your letter. Rule 6.4.5 Exhibit E -Reclamation Plan 1, Prior to seeding, weed infestation will be controlled via a visual inspection of the site for noxious weeds. Inspections will take place no Tess than twice a month once land disturbance has commenced on the site. If noxious weeds are identified during visual inspection, they will be managed in accordance with the Colorado Noxious Weed Management Act and Chapter 15, Article I of the Weld County Code. Nine weed species are designated for management by the County Code. The Weld County Code recommends cultural, mechanical, biological, and chemical methods of control for each of these species. Initial control methods will be mechanical. Chemical methods will be employed if mechanical methods alone are insufficient. Cultural and biological methods will be used if the other methods fail to produce results. Rule 6.4.7 Exhibit G -Water Information 2- The Division is correct in that groundwater does flow in a northeasterly direction. However, we question the Division's opinion that New Piezometer #1 as located on Figure 3 of the WWE Second Report would not reflect any mounding affect imposed by the slurry wall. Perhaps the Division has mis-read Figure 3 of the first WWE report which identifies the expected mounding and drawdown effects • of the propose slung wall. Please note that there are two mine cells depicted on that map. The southem cell illustrates the boundaries of Weld County's Koenig PIt operation, which has been sealed for water storage as well. New Piezometer #1 would be located due north of the "1.5" number shown near the northern boundary of the Koenig Pit and the southern boundary of the proposed Heit mine, which should place it in the area most likely to show the largest mounding affect. We ask that the Division rewnsider it's position on the location of New Piezometer #1 and its ability to reflect any potential mounding affect.