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• , iii iiiiiiiiniii iii STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Depar~ment a Natural Reso~rc es ' ; I i ~hrman il.. Fnom_ 1 i Denver. Colorado 80203 Phone: 13031866-3567 FAY: 13031 832 8106 October 25, 2000 ~~ DIVISION O F MINERALS GEOLOGY, R E C L A M A T I O N MINING•SAFEiY eil I Onrn, Mr. Anthony A. Blasi cn~rrn„r Diamond B Enterprises, LLC ~,,,,; E w,a n,., 38043 CR 32.4 E.eCU1ne' ~~,~•<~,~, Trinidad, CO 81082 n~~charl s '.nnG Drv1.~nn Dveclrn RE: Diamond Rock Pit (File M-2000-047) Result of adequacy review of permit application Dear Mr. Blasi: The Division has reviewed the permit application for the Diamond Rock Pit and has identified the following concerns: NOTICES: Admittedly it may be too early to expect, but the application materials do not include evidence of p ' , publication of the required newspaper notice of the application required by Rule 1.6.2(1)(d). Evidence of the • /''~, ~'"~ publication of such notice must be provided prior to any approval of the application. ~, ~ r 1~'. ii:,~' NOTICES: Although not entirely adequate to satisfy the requirements of Exhibit L (Rule 6.3.12) for the application, the Division will accept [he content of the agreement provided in regard to permanent man- made structures as including enough information to satisfy the notice requirements of Rule I.ti.2(1)(e). EXHIBIT A (Rule 6.3.1(2)): There is no map satisfying the requirements of this Rule included in the application. The Terry Surveying Map supplied matches the legal description of [he proposed permit area, but it does not indicate how the permit area will be accessed nor does it indicate [he property owned by the ,y only listed adjacent land owner, Eileen Zubal. While the Terry Surveying ~Iap has a scale indicated, the l~ map has obviously been reduced and the indicated scale is no longer valid. As a result the map also does no[ meet the requirements of Rule 6.2.1(2)(e). The applicant should supply an Exhibit A Map that not only meets the requirements of Rule 6.3.1(2) but also 6.2.1(2). EXHIBIT B (Rule 6.3.2(b)): Under this Exhibit, there is mention of a fence between [he County pi[ to the north and the proposed Diamond B pit on the south. Under Exhibit L, there is also mention of a fence between the Zubal and Andreatta properties. However, the locations of these fences do not appear on any Exhibit E map that the Division can accept as satisfying the requirements for this permit application. In addition, the owners of those fences have not been specifically identified as required by this Rule for Exhibit B. The Exhibit B narrative includes the statement that the landowner (presumably the Andreattas) of the fence separating the proposed Diamond B pit and the County pi[ to the north will maintain that fence, but no supporting signed agreement has been provided under Exhibit L, where such an agreement belongs. The applicant should supply a revised Exhibit B with narrative that includes mention of all fences ~ (and other permanent man made structures) within 200 feet of the area to be affected by the proposed mining operation and includes the identities of all owner(s) of those structures. (These structures must also Q, be located on an acceptable map in Exhibit E.).'The applicant should also supply a notarized, signed agreement with the identified owner of the fence separating the County pit and the proposed Diamond B pit [hat this owner will take responsibility for maintaining [hat fence and absolve [he applicant of any responsibility far damages to it, if that is the agreement. (See Exhibit L review below.) \ ~~ ~~