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,~. STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 8663567 FAX: (303) 832-8106 January 2, 2003 DIVISION O F MINERALS GEOLOGY 0.EC LAMATION MINING•SA FE TY Bill Owens Mr. Harold Elam cnwemnr Elam Construction, Inc ~ Greg E. Walther 1225 South 7t" Street Executive Director Grand Junction, Colorado 81501 konald W. Cottony Acting Division Director RE: Gilsonite Gravel Pit, File No. M-2002-111, New 112c Application Preliminary Adequacy Review r~- Dear Mr. Elam: DMG has completed a preliminary adequacy review of your application fora 1 12c Construction Materials Permit, File No. M-2002-111 for the Gilsonite Gravel Pit. The application indicates portions of the proposed permit area include contaminated soils and groundwater. The contamination resulted from activities conducted at the Fruita Refinery. Site characterization reports indicate that the proposed mining and reclamation activities may encounter hazardous waste. Additionally, the site is under Compliance Order No. 98-06-05-01, issued by the Colorado Department of Public Health and Environment (CDPHE). Such conditions are beyond the typical application review process for the majority of applications received. Review of the application may require the Office to involve additional professional staff or outside professional or agency expertise. Therefore, pursuant to Rule 1.1(10), DMG has classified the Gilsonite Gravel Pit application as "complex". Pursuant to Rule 1.4.1(71, the decision date for the application has been extended from January 27, 2003, to March 28, 2003. The application cannot be approved until the following issues are adequately addressed. Please submit a response to the following issues as soon as possible, but no later than February 25, 2003 so DMG staff have adequate time to review the responses prior to the decision due date set for March 28, 2003. If you cannot respond by February 25, 2003, please submit a written request for extension of the decision date. If your response, or an extension request, are not received by February 25, 2003 this application may be denied. ADEQUACY ISSUES Application Form 1. It appears that the location information provided under item 9 on the application form should indicate that the operation is in the NW quarter (rather than the NE quarter) of the SE quarter of Section 11. Exhibit C -Pre-Mine and Mine Plan Map 2. Please place a north arrow on these and all maps submitted with the application.