PERMFILE136579

• Permit No: M2003016
• IBM Index Class Name: Permit File
• Doc Date: 7/29/2003
• Doc Name: Permit Application Adequacy Review
• From: DMG
• To: Banks and Gesso LLC
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
July 29, 2003
Paul Gesso
Banks and Gesso, LLC
720 ICipling St., Suite 117
Lakewood, CO 80215
RE: SW Meadow, LLC, File No. M-2003-016
Heit Sand and Gravel 112c Permit Application Adequacy Review Item
Deaz Mr. Gesso,
COLORADO
DIVISION OE
MIN &RALS
GEOLOGY
RECLAMATIO N•MI NINL
SAFETY•SCIENCE
Bill Owens
Governor
Greg E. Walther
Executive Director
Ronald W. Cottony
Division Director
Natural Resource Trustee
In the first adequacy review letter, dated June 5, 2003, from the Division to Banks and Gesso for the above site, the following
item appeazed:
Rule 6.4.8 Exhibit H- Wildlife Information
19. Section (1) (c) requires the Applicant/0perator to included the presence and estimated population of threatened or
endangered species from either federal or state lists. In that the azea and the habitat present on the proposed site may
likely be home to federally listed species, it is necessary for the Division to receive a letter from the U.S. Fish and
Wildlife Service indicating that the mining plan has clearance through them prior to approval of the permit. Please
contact the U.S. Fish and Wildlife Service regazding the proposed mining operation.
In a phone conversation with Tug Martin, earlier this date, the topic was addressed as to whether the Division could
recommend approval of this permit application with a stipulation stating that mining activity will not commence until the U.S
Fish and Wildlife service clears the proposed mining activity at the site, Statute 34-32.5-115 (4) (d) of the Colorado Revised
Code (C.R.S.) states:
The Boazd of Office shall not deny a permit except on one or more of the following grounds:
The proposed mining operation, the reclamation program, or the proposed future use is contrary to the laws or
regulations of this state or the United Stated, including but not limited to all federal, state, and local permits,
licenses, and approvals, as applicable to the specific operaton.
Therefore, based on the above-stated statute in the C.R.S. the Division cannot recommend approval of the permit application
without confirmation from U.S.F.W, that the Applicant is endeavoring to fulfill their requvements to have the proposed
mining operation cleazed through their office. I hope this information clarifies the position that the Division is required to
take regarding this issue.
Additionally in the phone conversation this morning, the following adequacy item was addressed;
Rule 6.5 Geotechnical Stability Exhibit
26. Section (2) of the Geotechnical Stability Exhibit states that on asite-specific basis, an Applicant shall be required to
provide engineering stability analyses for certain slopes configuration, as they will occur during operations, including,
but not limited to embankments. The Geotechnical stability exhibit submitted with the permit application is being
reviewed sepazately by Allen Sorenson within the Division of Minerals and Geology, and any adequacy review
comments related to this exhibit will be addressed in a sepazate letter at a later time.
Office of Office of Colorado
Mined Land Reclamation Active and InaRive Mines Geological Survey'