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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Deparfineni of Natural Resources <br />7373 Sherman St., Room 275 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />March 29, 2005 <br />Mr. William Van Valkenburg <br />COLORADO <br />DIVISION OF <br />MINESRALS <br />GEOLOGY <br />0.EC lAMATION•MINING <br />SAFETY•SCIENCE <br />Bill Owens <br />Governor <br />Russell George <br />Enecutive DlfeelOr <br />Van Valkenburg Cattle Company, LLC Ronald W. Cattany <br />12353 Hwy 14 Division Director <br />Natural Resource Trustee <br />Walden, CO 80480 <br />RE: Adequacy Review Comments -Van Valkenburg Gravel Pit, File No. M-2005-003 <br />Regular 112 Application, Class: Permit <br />Dear Mr. Van Valkenburg: <br />Listed below are adequacy review comments on the above-captioned Regular 112 Application <br />for a total of 36 acres. The decision date for your application is scheduled for May 16, 2005. <br />Therefore, I would appreciate a response from you on or before Apri129, 2005. (Please be sure <br />to include two (2) copies of your response). Please be advised that your application maybe <br />deemed inadequate and may be denied on May 16, 2005 unless the following adequacy review <br />items aze addressed to the satisfaction of the Division. <br />6.4.4 EXHIBIT D - Minine Plan <br />1. Exhibit D, Mining Plan states that the pit area is well above any groundwater level. Please <br />commit to limiting your depth of excavation to at least two (2) feet above the groundwater <br />surface at any one time throughout the mining operation. In the event that the groundwater <br />surface is intercepted during excavation, you will need to backfill the excavation immediately to <br />an elevation that is at least two (2) feet above the water surface. Please respond. <br />2. Please commit to controlling all noxious weeds within the 36 permitted acres throughout the <br />mining operation. <br />3. The Division notes that the- applicant's application for a Regular 112 Operation should overlap <br />and replace an existing Special 111 Operation pemut held by Kirkland Construction LLLP, and <br />that the Division does not have any provision to allow 111 Permit No. M-2002-077 to be <br />transferred to the applicant. See attached correspondence. The Division requests that you <br />include in your Mining Plan Map the boundaries or location of the existing 30 acre 111 permit. <br />The performance and financial warranties provided by Kirkland Construction LLLP for permit <br />M-2002-077 will be returned to Kirkland Construction LLLP upon issuance of Regular 112 <br />Office of <br />Mined Land Reclamation <br />Office of <br />Active and Inactive Mines <br />Colorado <br />Geological Survey <br />