PERMFILE135795

• Permit No: M2004051
• IBM Index Class Name: Permit File
• Doc Date: 10/7/2004
• Doc Name: Response to Comments
• From: DMG
• To: Alperstein & Covell P.C.
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman S[., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
October 7, 2004 /
Ms Andrea L. Benson
Alperstein & Covell, P.C.
1600 Broadway, Suite 2350
Denver, CO 80202-4921
COLORADO
DIVISION O F
MINERALS
GEOLOGY
0.EC LAMATION•NI NING
SAFETY•ECIFNCE
Bill Owens
Governor
Russell George
Executive Director
Ronald W. Cottony
Division Director
Natural Resource Trustee
Re: Response to comments concerning the Wattenberg Lakes, Aggregate Industries-WCR 112c Reclamation
Permit Application ,File No. M-2004-051/
Dear Ms Benson:
In response to your letter, hand delivered to our office on September 10, 2004, the Division of Minerals and
Geology (DMG) is providing you with the following information:
1) The first concern stated is the possible adverse affects that the proposed mining operation may have on
the Wattenberg Improvement Association's, well. The DMG has reviewed the permit application as
part of its adequacy review process, and has asked the applicant to address the issue of impacts on azea
wells and what measures will be taken to insure that such impacts will be minimized. We are enclosing
a copy of the DMG's adequacy review for your information.
2) In response to your second concern, regazding the adequacy of a reclamation bond in the event that the
reclamation plan may be implemented decades from now, the DMG refers you to Rule 4.2 of the
Construction Materials Rules and Regulations (the Rules ). Rule 4.2.1(1) allows the Office or Board to
review any financial warranty for adequacy at any time.
3) In the event of a different entity taking over the mining, the current permit holder could continue to hold
the permit and would then remain responsible for the reclamation, or the new operator could assume the
responsibility by submitting a "Request for Transfer of Construction Material Permit and Succession of
Operators" form as described in Rule 1.12 of the Rules. Section 1.12.1 gives the Office the ability to
review the current reclamation bond and "I'he successor Operator maybe required to post a Financial
Warranty of a greater or lesser amount than the existing Financial Warranty dependent upon the actual
site reclamation obligation".
Office of Office of Colorado
Mined Land Reclamation ARive and Inactive Mines Geological Survey