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STATE OF COLORADQ <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />COLORADO <br />D 1 V 15 I O N O F <br />RECLAMATION <br />MIMNG <br />-&- <br />SAFETY <br />April 1 1, 2008 Bill Ritter, )r <br />Governor <br /> Harris D. Sherman <br />Darin Stone Executive Director <br />McStone Aggregates LLC <br /> Ronald W. Cattany <br />P.O. Box 483 Division Director <br />Cortez, CO 81321-0483 Natural Resource Trustee <br />RE: McStone Aggregates LLC; File No. M-2008-010 <br />Mud Creek Pit 112(c) Permit Application -Adequacy Review <br />Dear Mr. Stone, <br />Listed below are adequacy review comments for the Mud Creek Pit 112 (c) Permit Application, File No. M-2008- <br />010. The decision date for this permit application is June 5, 2008. The Division of Reclamation, Mining, and <br />Safety (Division) is required to make a decision by June 5, 2008. Therefore, your response to the following <br />adequacy review concerns should be submitted to the Division as soon as possible. <br />1. As required by Rule 1.6.5 (2), please submit the proof of publication of the public notice circulated in the <br />local newspaper and all owners of record of surface lands, and easement holders that are on the affected land <br />and within 200 feet of the boundary of the affected land. Proof of notice may be return receipts of a Certified <br />Mailing or by proof of personal service. <br />Rule 6 4 3 Exhibit C -Pre-minim and MiningtPlan Map(s) of Affected Lands <br />2. The Mining Plan makes multiple references to Map C-3. Map C-3 could not be located in the submitted <br />materials. Please clarify this discrepancy. <br />Rule 6 4.4 Exhibit D -Mining Plan <br />Section 3.1.6(1) of the Mining Plan requires the Operator to minimize disturbance to the surface and <br />groundwater systems. The submitted Mining Plan and Reclamation Plan state that no hazardous materials are <br />expected to be encountered and will not be brought onsite. In that there is an asphalt plant proposed as part of <br />this operation, it appears that there will be hazardous materials brought onsite as part of asphalt processing. <br />Additionally, under Exhibit M -Other Permits and Licenses, it states that an application may be filed in the <br />future for above-ground storage tanks. Please be aware that if the Permit application reflects that no <br />hazardous materials will be brought onsite, in order for the Operator to remain in compliance, a Technical <br />Revision will need to be submitted to the Division for review and approval before any materials of this type <br />may be brought into the permit area. Please clarify whether hazardous materials will be brought onsite, and, <br />if so, please identify the containment features that will be used in conjunction with these materials. <br />4. The submitted Mining Plan states that topsoil, in the amount of 1-3 feet will be stripped a~~d stockpiled. The <br />plan further states that excess topsoil will be sold. The Mancos Conservation District has submitted <br />comments, with which the Applicant has been supplied. The comments include the statements, "The highest <br />quality top soil in the Maucos Valley is typically less than 12 inches thick, underlain by 18-24 inches of lesser <br />quality top soil It is essential that, because of the extensive area to be reclaimed following mining, that no <br />Office of Office of <br />n.Nr.erJ iar~ rzpr.~a,,.,a r;l,,, Denver Cranrl Junction • Duraneo Active and iract\~e M~c~es <br />