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/ , • • Lloyd V. "Buck" Barnhart 212 West 13th, Pueblo, Colorado 81003 Office: (719) 543-1324 Home: (719) 542-9207 Fax: December 22, 1997 Hand Delivered Mr. Kim Headley, Director Department of Planning and Development 1120 Court Street, Room 200 Pueblo, Colorado 81003 Re: SUP 97-09, JBCO Hartman Pit Dear Kim: ~Q~//l III IIIIIIIII IIII III i(,.tv (719)543-1329 As agent for JBCO, I would like to request that I be allowed to appear at the Januaq~, 1998 Planning Commission meeting to request a remedy for the double jeopardy position that the operator s find themselves in now. This permit was approved at the June 24, 1997 meeting of the Planning Commission, with conditions. Condition 17 is a problem and has put the owner in the double jeopardy position. Condition 17 states: "Notwithstanding the regulations administered by the State of Colorado Mined Land Reclamation Division, during reclamation of the disturbed areas, an eighteen inch (18") high berm will be established to prevent erosion. Larry D. Oehler, Environmental Protection Specialist for the Division of Minerals and Geology and the MLRB, has reviewed the application I prepared for the MLRB. His comments on Exhibit E - Reclamation Plan, read as follows: "The Division reconvnends that the berm around the edge of the reclaimed area be taken out of the plan. Such a berm would not be constructed on the level (contour) and would act as a diversion overland flow. The diverted water would no doubt break the berm in low areas concentrating flows and causing erosion of the hill slopes below the pit, and in some instances, possible oft-site damage. Such berms, unless built on the contour to a grade not exceeding 2% or 3% and spilling to a constructed catch basin or protected waterway, could do more harm than good. Establistunent of a good vegetative cover would be a better erosion control method."