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iii iiiiiiiiiiiu iii • • STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Depar[menl o(Natural Resources 1313 Sherman SI.. Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 ~y FA\:(3031832-8106 1u~7~~ C/~~ C D July 6, 1999 ~. Serra Mineerals Co ora/cionno,Ml net ~d1C~ o m 9Y 6164 S. Newport St., Suite 2000 Englewood CO 80111 F~f ,•~ Ida ~/i'Fl~f~ FILE; _!' SITE; ~~ ' ~ ~~ DIVISION OF MINERALS GEOLOGY 0.EC LAMATION~ MIN ING•SAFETY Bill Owens Governor Greg E. Walther EAecutive Director Michael B. Long Division Dnenor Re: Yule Quarry, File No. M-99-058, Second Adequacy Review of Application Materials (First Adequacy Response from Operator) for New ] ]0 Permit. Dear Mr. Loesby, 1 have finished my adequacy review of your adequacy response submittal, dated 6/21199, for the above-named application. There were a couple separate items of correspondence I received last week, which mostly dealt with addressing the adequacy issue of right-of--entry onto lands to be affected by the operation (as originally proposed), which I will also include in my comments herein. Overall, it appears that you have addressed most of the items included in my 6/15J99 adequacy letter in a satisfactory manner. Since your adequacy responses were interspersed within the overall text of the resubmitted application exhibits, I feel it would be prudent to also note for the record where I noticed small changes in the text. Finally, all those items which must still be addressed for adequacy are so identified below. All comments are arranged in the order of the exhibit to which they pertain. Exhibit A - Leeal Description There are small changes to the language in the original metes and bounds description. The changes do not affect the boundary description itself. This exhibit is adequate. Exhibit B -Site Description There are small changes and and small additions to the language in the original description. Noted differences include the new inclusion of topsoil information under part (a); revision of statement on Gunnison County's legal action, and inclusion of language about fencing and barriers, all under part (b); inclusion of a new statement about the sediment control structure and revision of the CDPHE permitted discharge point, and revision of statement about the existing damage caused by the previous operator, all under part (c). These changes are not substantial. The exhibit is adequate. Exhibit C - Minine Plan Part (a) has been revised to add a statement that Sierra now has a lease for the London Lode Claim, which is the portion of the proposed permit area owned by OMYA, lnc. Subsequent information received by our office, a letter from the executive vice president of OMYA which confirms such lease, appears to satssfy the requirement for proof ofright-of--entry to that portion of the proposed permit area. (I will touch on the right-of-entry question on the remainder of the proposed permit area, the White Marble #2 Claim, below under Exhibit G.) Part (b) novv includes a brief statement about possible salvage and stockpiling of topsoil on the southern end of the proposed permit area. This part is no~v adequate. Under part (c) the last word of paragraph one has been changed from "north" to "south", which corrects that mistake.