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NOV-09-2001 FRI 08 ~ 39 AM BANKS~ID GESSO LLC FAX N0, 303 ~ 8329 P, 02 ~~ Banks and Gesso, LLC ~~ 720 Kipling St.,Sui1e117 Lakewood, Colorado 80215 (303) 274-4277 Fax (303) 274-8329 www. banksandgesso. com November 8, 2001 Ms. Erica Crosby Division of Minerals and Geology 1313 Sherman Street, Room 215 Denver, Colorado 80203 Subject: 124' Estates Sand and Gravel Mine 112 New Permit Application -Response to Adequaq Review No. 2, File No. M-2001.085 Dear Erica, Attached is the response of the 124' Estates Partners to the Division's second Adequacy Review letter, dated November 5, regarding the Applicant's submittal for a New 112 Permit to resume and complete mining at the historic mining site located in Henderson, Colorado. The response follows the form of the Adequacy Review letter. As the applicant responds to the Division's Adequacy Review, it is also working with site neighbors to resolve their concerns/objections, with the goal of avoiding a hearing before the Mined Land Reclamation Board in December. Neighbors' concerns are generally within the issues raised by the Division; and at present, the Division recognizes two objectors, the Henderson Water Ski Club and Daryl and Joyce Billings, Because the applicant's efforts to resolve the concems/objections of the neighbors are intertwined with issues raised by the Adequacy Review process, following is a short summary of the applicants work with these two neighbors. Henderson Water Ski Club (Carlo Gaines and Tom Krueger). It appears that, as spokesmen for the Club, both Mr. Gaines and Mr. Krueger are happy that mining will occur in a relatively short period and that the proposed end use is for water storage. They realize that development of this location will eventually occur, and the Water Ski Club is happy with the proposed mining project and development for water storage, in light of the many alternatives that they can imagine. By phone, Mr. Gaines stated that he was happy with the applicants offer to dewater to the water ski ond, as this ski and during mining and reclama io ou a o rec ar a of shallow roundwater in the imme area o s mine. Mr. Gaines stated that his 'objection'_6y a-mai ,dated September 19, 2001, was meant as a general statement to the Division that when dewatering occurs in this type of operation, local groundwater should be recharged. Mr. Krueger adds to Mr. Gaines statement a concern that, after the clay liner is the sealed reservoir may create a downstream shadow in gro n water causing wellsin the area of the mine. A monitoring schedule to measure groundwater elevation in these wells and in the ski pond has been proposed, so that any 'shadow' effect can be discerned. The applicant initially proposed a 2 foot decrease in pond surtace elevation 8nd then acceded to a 0,5 foot decrease, attribu ble to mining as a'trigger' for mitigative steps, although Mr. Krueger states t at e u s membership now desires 'zero effects from mining'. The applicant and Mr. Krueger have agreed that mitigation, if required, rnuld include the discharge of water to the pond from a local source and/or physical deepening of the ski pond by the applicant. These steps are discussed in the following response to the Division.