PERMFILE132202 - Laserfiche WebLink

Home Browse Search

Kiowa Clay Mine, M-2007-009 Response to Adequacy Comments 17 April 2007 Page 5 Robert McClain, the owner of the cattle pens, and lessee to the applicant Denver Brick Company. Attached is a copy of the structure agreement from Mountain View Electric Association, Inc. Robert McClain, who is leasing 400 acres from the applicant for livestock grazing, owns the cattle pen and associated livestock facilities. Livestock facilities on the site do not involve any easement or real property interest or servitude on the land owned by Denver Brick Company. The applicant anticipates execution of the proposed Agreement, but will alter the grazing lease if required. The applicant also continues to work with Elbert County and will honor any agreement reached concerning County Road 89. However, for the purposes of Rule 6.4.19 (the relevant Rule fora 112 permit), it should be noted that the structure in question is located nowhere near mining. The affected area in proximity to the County Road is the access drive, involving no excavation or structural concern other than the traffic that the County Road itself is designed to accommodate. The technical analysis to demonstrate the stability of this structure under operating conditions is simple and straightforward: There is no undermining and no change in subjacent support, therefore no stability issues are anticipated. The impoundment (stock pond) referenced by the Division is not within the affected area. The stock pond is less than 200 feet from the proposed affected area, but it is owned by the applicant. 8. The Division received comments regarding this amendment from various agencies. These comment letters are being provided to the operator now and are enclosed with this adequacy letter Please address these comment letters as necessary. A. Department of the Army, Corps of Engineers In the letter addressed to Deb Gonima at the Division of Reclamation, Mining, and Safety (DRMS), dated March 5, 2007, Timothy T. Carey addresses the placement of dredge or fill material in stream beds. There are no streambeds or wetlands on the affected acreage, therefore, this is not an issue of concern. The applicant/operator will apply for appropriate permits under the Clean Water Act, under the jurisdiction of the U.S. Army Corps, should regulated resources be discovered on the site. Based on due diligence, site inspection, and scientific assessment, there is little chance of such discovery.