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STATE OF COLORADO . DIVISION OF MINERALS AND GEOLOGY ~~ Department ofNafuizl Resources '-'- - -- ' 1313 Sherman St., Room 275 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832A706 July 24,'2006 Mr. Brian Wells _ f Dirt Ivlecch_ants Constructio~l 638 1800 Road RECEIVED JUL 31 2006 Dmslon of tdmerals and Geolo9Y Delta, Colorado 81416 / / Re: \Wellspit, Permit Application~M_2006-027,!Preliminary Adequacy_Review.i Dear Mr. Wells: COLORADO DIVISION O F MINERALS GEOLOGY REC LAM ATION•MINING SAf ETY•SCIF NCE Bill Owens Governor Russell George ERecutive Director Ronald W. Cattany Division Director Natural Resource Trustee The Division of Minerals and Geology has begun the review of the above referenced 110c application. Although some issues still remain concerning the completeness of the application, field office staff has begun the review of the rest of the application. This is somewhat out of the ordinary but it is to help Dirt Merchant Construction ensure compliance with the Mined Land Reclamation Boazd Order. As this is the first time Dirt Merchant has gone through the review process a brief explanation of what to expect is in order. Staff will be looking at the information supplied in the application and reviewing it against the Rule requirements. Any items that need clarification and or correction will be noted in this adequacy review and subsequent ones if required. Some information that may have been left out may seem rather obvious to both you and staff, but needs to be clearly stated as it is open to public review. It is also to ensure that the record of what is approved is clear for future reference as well. At this time, the review appears to have issues that are quite common and normal. Please respond to the following noted issues in writing. The best way is to respond, item by item so staff can have clear reference to what is being addressed, I Please clarify or correct the following: 1) It is noted in Exhibit B that a return ditch and fence line are located within 200 feet of the permit area along the south side of the site. These are considered manmade structures and should be listed in Exhibit L as such. Also, if the fence is jointly owned by adjacent property owners, Dirt Merchant Construction needs to provide a damage agreement. The agreement should cleazly states that any damage to said fence from mining activities will be repaired by Dirt Merchant and signed by both parties. This will be required for the return ditch if it is not solely used by the Wells family also. 2) In Exhibit B, it states that mining will not go below the current water table. Yet reclamation calls for most of the area to be a pond. Please clarify the use of the pond and source for water. Also, if the pond will be used seasonally only for retention of return water for further use, does this meet the requirements of the irrigation district? Office of Office of Colorado Mined Land Rxlamation Active and Inactive Mines Geological Survey