REP05601

• Permit No: M1994114
• IBM Index Class Name: Report
• Doc Date: 11/18/1997
• Doc Name: ADMINISTRATIVE RECORD
• Media Type: D
• Archive: No

and 4) Failed to indicate in the application the projected amount
from each of the sources of water to supply the project water
requirements for the mining operation and reclamation as required
by Rule 6.4.7 (4).
14) The failure of the applicant to include in the application a
description of the game and non-game resources on and in the
vicinity of the application area as required by Rule 6.4.8 of the
Construction Materials Rules and Regulations.
15) The failure of the applicant to provide accurate information
in the permit application as required by Rule 1.4.1 (3) of the
Construction Materials Rules and Regulations. Specifically, the
map scales indicated on the application maps entitled "EXHIBIT C
ORION PIT M-94-115 PRE-MINING MAP & MINING MAP", "EXHIBITS B, C,
& F MINING & RECLAMATION PLAN ORION PIT M-94-115", and "EXHIBIT
F ORION PIT M-94-115 RECLAMATION PLAN MAP" are not accurate as
explained in the Division's August 21, 1997 permit application
review correspondence to the applicant.
16) The failure of the applicant to provide an adequate
reclamation plan as required by Section 34-32.5-112 (2) of the
Colorado Land Reclamation P.ct for Extraction of Construction
Materials, and Rule 6.4.5 of the Construction Materials Rules and
Regulations. Specifically, the applicant proposed in the
application to meet reclamation plan requirements of the Soil
Conservation Service (now the Natural Resource Conservation Service
or "N.R.C.S."), however the only information provided in the
application in the way of an N.R.C.S. reclamation plan is a copy of
reclamation plan recommendations for a different proposed mining
operation (N,ars Pit application, file no. M-94-089) that is not
situated within the same area as the proposed Orion Pit area. The
N.R.C.S. has stated in writing that "These reclamation plans are
site specific and one plan does NOT fit all situations. The
reclamation plan needs to be specific about irrigation systems,
water drainage, soil replacement, vegetation reestablishment as
well as the effects of the operation on adjoining lands".
17) The Division has determined that the applicant's source of
legal right to enter, as required by Sec. 34-32.5-112 (1) (c) (IV)
of the Colorado Land Reclamation Act for the Extraction of
Construction Materials; and by Rule 6.4.14 of the Construction
Materials Rules and Regulations, is inadequate for the reasons
stated in the Division's August 21, 1997 permit review
correspondence to the applicant. Specifically, whether the oil and
gas lease supplied by the applicant to demonstrate his right of
entry to mine sand and gravel actually grants the applicant the
right of entry claimed is currently subject to litigation captioned
5
QQ339