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.~ ~; ~ III IIIIIIIIIIIII III Banks and Gesso, LLC (303)274-4277 May 10, 1999 Mr. Larry Oehler Environmental Protection Specialist Colorado Division of Minerals and Geology Department Of Natural Resources 1313 Sherman Street, Room 213 Denver, Colorado 80203 720 Kipling St.,Suite117 Lakewood, Colorado 80215 Fax (303) 274-8329 1'~~:E111E® MAY 11 1999 ,.,a,~i _~!.:.._.: _.:,~. s & Geology RE: Response to BN & SF Railroad Comment Letter of April 6, 1999 for the North River Pit, file No. M-99-005 Dear Larry: I received your letter on May 3, 1999 regarding the referenced comment letter dated April 6 from the BN & SF Railroad. The closest that the excavation for the South Borrow Pit Area comes to the active railroad track is 350 ft. The railroad siding tracks that curved to the northwest have been abandoned. We will be showing on the mine plan map the short power line that exists near the south boundary of the permit area and would be located within 200 ft. of the currently shown excavation area. We are reducing the excavation area slightly on the mine map to stay 200 ft. away from the power line. That map change will be shown on the revised maps to be submitted on or before May 15,1999. Two other issues have to light that continue to be "adequacy concerns" of yours. Ed Kite and myself have discussed them and have come to a solution in order to resolve these issues: 1.) We are removing the installation of an asphalt batch plant at this site. Therefore, the need for a SPCC plan is not required. The text and mine plan map will reflect that there will be no batch plant located on this site. These changes will be submitted on or before May 15,1999. 2.) We have decided that at this point in time there will be no proposal to mine the southwest area of the proposed mining permit where the wetland areas are located. This area will be left as is. The mine plan map and phases will be changed to reflect this. Phase 2 will become Phase 1, etc. Mining will begin east of the North La Junta Sanitation District's easement and proceed east and north. That map change will be shown on the revised maps to be submitted on or before May 15,1999.