PERMFILE129188

• Permit No: M2005012
• IBM Index Class Name: Permit File
• Doc Date: 4/20/2005
• Doc Name: PAR
• From: DMG
• To: TMS Consulting
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
COLORADO
DIVISION O F
MIN~RALS
GEOLOGY
RECLAMATION•MINING
SAFETY•SCIENCE
April 20, 2005 ~~ Bill Owens
Governor
Tim Scanlon Russell George
/ Executive Director
TMS Consulting c/ Ronald W. Cottony
P.O. Box 53 Division Director
Saguache, Colorado 81149 / Natural Resource Trustee
.i V ~~
Re: Gray Pit No. 2 Pit, Application No. M-2005-012, Preliminary Adequacy Review (PAR).
Dear Mr. Scanlon:
Staff has begun the review process for the Gray Pit No. Application. Please find below issues
that need clarification or corrections in order for the review process to continue. Due to the
circumstance that this is a re-submittal of a reviewed application the number of issues is
relatively small but important.
1) The major reason for the reason for the re-submittal of this application are due to
questions concerning the right of access from Kinnikin Road. 1t clearly states in the
new application that the originally proposed access point may be used in the future
only if litigation resolves the issue. Please clarify for the application record that the .
permitee will notify DMG 30 days prior to any use of this access point and provide
clear court documentation of legal Right of Entry.
2) Under the new proposed access point it is noted that a road is to be constructed from
the northwest to the proposed permit area. Other documentation suggest the road is
pre-existing. Please clarify the exact nature of the road. If major improvements such.
as widening or construction of the road are to occur the area must be included in the
permit boundaries. This is regardless of whether the road is to remain after the site is
reclaimed or not. It is noted that the road will remain after mining, which means it
does not impact bonding for reclamation. If major improvements or construction are
required an amendment to the application to include the road acreage must be done
and republication of the public notice must also be accomplished. If this is necessary,
quick action will prevent impacts on the Decision Date of June 15w, 2005 otherwise
the calendar starts anew per the Rules.
3) Please find attached comments from the Office of State Engineer regarding water
usage as proposed. The applicant should address those concerns directly to the
OSE and forward a copy to DMG for the application file.
4) It is noted that a weed control plan is required by Montrose County. Prior to any
decision by staff, please forward a copy of the approved plan, which must address
Tamarisk and Russian Olive control to this Office.
5) The Applicant must re-notice the Lazy A Ranch due to an incorrect statement in the
original notice. Please re-notice and specify the last date of public comment (keeping
Office of Office of Colorado