PERMFILE133213

• Permit No: M2006077
• IBM Index Class Name: Permit File
• Doc Date: 1/17/2007
• Doc Name: Rationale for Approval of 110c application over objections
• From: DRMS whe
• To: Parties and Interested Persons
• Media Type: D
• Archive: No

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STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman SL, Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
January 17, 2007
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~ Parties and Interested Persons to the Morgan Pit Application
RE: Rat, i16_l_for_A~roual~ of a 110c App "cation Over Objections,
Morgan Pit~'~ile No. M-2006-077.
Dear Party and/or Interested Person:
COLORADO
DIVISION OF
RECLAMATION
M[NING
-&-
SAFETY
Bill Owens
Governor
Russell George
Executive DirecCOr
Ronald W. Cattany
Division Director
Natural Resource Trustee
On December 2, 2006, the Division of Reclamation, Mining and Safety received your letter of
objection to the Morgan Pit application, submitted by Paul Morgan Excavating, Inc. Thank you
for your timely and thoughtful comments. The application for the Morgan Pit was approved on
December 14, 2006. This correspondence is intended to explain the process by which the
Division arrived at its decision to approve over objections and to inform the objecting parties of
the appeal process provided by Construction Materials Rule 1.4.11,
In these proceedings, the Division's jurisdiction is limited to enforcement of the specific
requirements of the Colorado Land Reclamation Act for the Extraction of Construction
Materials, 34-32.5-101 et sec ., C.R.S. (the Act), and the Construction Material Rules and
Regulations of the Colorado Mined Land Reclamation Board, effective October 1995,
amended August 2006 (the Rules). The Division considered all timely submitted comments in
its review of the application. However, the Division can only address the issues that directly
relate to the specific requirements of an application, as stated in the Act and Rules.
The objecting parties raised numerous issues regarding traffic safety on County Road 420, a
culvert crossing for the Rocky Flat Ditch of County Road 420, road impact from truck traffic and
maintenance of County Road 420. The Act and Rules do not specifically address such issues.
Please direct such concerns to the Huerfano County Road and Bridge Department.
The Division considered the potential for adverse impact to the stability and function of the
Rocky Flat Ditch and to the quantity and quality of water conveyed within the ditch, resulting
from the proposed mining operation. The Rocky Flat Ditch is located approximately 250 feet
horizontal and 20 feet lower elevation from the proposed permit boundary. The mild slopes
between the permit area and the ditch appear well vegetated and stable with no evidence of
slumping, sliding or erosion. The pit will be incised on all sides and will exhibit internal
drainage. 5tormwater will either be detained within the pit area or treated for sediment by silt
fence or straw bail filter prior to leaving affected lands. Mining activities will maintain a 3H:1 V
slope for the side of the pit closest to the ditch. The Operator has committed to not importing
or using acid-forming or toxic substances at the permit area. Fuels and lubricants will be
stored on site within a spill containment structure. The spill containment structure will be lined
with an impermeable liner and sized to contain 110% of the capacity of the storage tanks. The
application demonstrated compliance with the performance standards of Rule 3.1.5(3), which
Office of Office of
Mined Land Reclamation Active and Inactive Mines