PERMFILE121969

• Permit No: M2001046
• IBM Index Class Name: Permit File
• Doc Date: 2/26/2002
• Doc Name: Preliminary Adequacy Review Response
• From: DMG
• To: Banks and Gesso LLC
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Na[ural Resources
1373 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
Febrnazy 26, 2002
Banks and Gesso, LLC
Attn: Tug Martin
720 Kipling Street, Suite 117
Lakewood, Co 80215
RE: File No. M-2001-046; Nix Sand and Gravel Mine; Owens Brothers Concrete
Company; Preliminazy Adequacy Review Response
Dear Mr. Martin:
The division received your adequacy responses to our letter of August 10, 2001 on
February 13, 2002. Given the complexities of this application, there have been several
requests to extend the review timeframes, the most recent until February 27; 2002..As
explained below, the division is not fully satisfied with all of the responses at this time
and is not be in the position to approve the application in its current state. However, it
appears that the applicatu is very close to addressing any remaining issues.
DIVISION OE
MINERALS
GEOLOGY
RECLAMATION
MINING•SAFETY
Bill Owens
Governor
Greg E. Walther
Executive Director
Ronald W. Cattany
Acting Division Director
In reviewing the responses, many of the areas of concern have been adequately addressed
and a couple of others could be stipulated as a condition of approval. However, some of
the areas must be addressed in full prior to approving this application. In particular, the
damage agreements for structures within 200 feet of the mining limits, or engineering
analyses in lieu of damage agreements, must be completed prior to an affirmative
decision on this application. The response indicates that only 2 of 6 required agreements
have been returned. In addition, the groundwater impact reports are still under review by
our office. Given the sensitive nature and complexity of this issue, we are being very
careful to conduct a thorough review and analyses of this item prior to rendering a final
decision on the application. Unfortunately, this will not be completed before the decision
date of February 27, 2002. As a result, the division suggests that the operator request
another 30-day extension to address these items.
In the meantime, a formal letter outlining any and all of the remaining issues, including
any comments on the groundwater and wetlands evaluations will be forwarded to your
office in a timely a manner as possible. As previously stated, it would appear that our
office is very close to rendering a decision on this application and one final 30-day
extension should be adequate to complete this review. If you have any questions, please
contact me at [phone].