2008-05-13_PERMIT FILE - M2008010

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-Made 6. Section (b) of this rule direct demonstrates that structures for activities occurring at the mining as within 200 feet of the affected stating that he does not believe tl absence of a damage agreement impacts to the nearby permanent The responses submitted to this 6.4.19(b) of the Rules and Reg memo from Allen Sorenson re€ although the revised Exhibit S within 200 feet of the ponds loa as an official response to this. ad the Applicant to provide an appropriate engineering evaluation that which damage agreements cannot be obtained, shall not be damaged by operation. In lieu of a damage agreement for all of the structures identified lands, the applicant has supplied a statement from Nathan A. Barton, P.E. at mining on the property will have any impacts on these structures. In the the Division requires a geotechnical stability report related to potential nan-made structures. in the adequacy response are inadequate to fulfill the parameters of Rule s for the Extraction of Construction Materials. Please see the attached ng structures for which additional information is needed. Additionally, vides specific requirements to mine at 4H:1V slopes as encroachment to the east of the permit boundary occurs, please submit this commitment cy issue. 7. Also relative to Section (b), the Applicant states that Hwy 160 and the affiliated utilities and structures are more than 200 feet outside of the ~~affected area. In that Access RoadA will be improved as part of the mining plan, and that Hwy 160 and the affiliated utilities and structures are within 200 feet of Access Road A, these structures are considered to be within 200 feet of the affected area. The responses submitted.to this issue in.the adequacy response are inadequate to fulfill the parameters of Rule 6.4.19(b) of the Rules and Regulates for the Extraction of Construction Materials. Multiple structures were observed in the vicinity of the site access off of Hwy 160 during the pre-operational site inspection. The Division does not agree that the access permit through CDOT voids the Applicant's requirement to address these structures in the DBMS permit application. Improvements to existing roads are considered to be affected land under the definitions contained in the Rules and Regulates for the Extraction of Construction Materials. Therefore, please submit the appropriate agreements or geotechnical stability report relating to these. structures. Because objections were filed for'. this Permit, this matter must be set for a hearing before the Mined Land Reclamation Board.. The tentative date for the hearing is June 11 & 12, 2008, because the decision date has been extended to July 5, 2008 due to the comments received. However, the Division will need to make a recommendation by May 23, 2008 to allow adequate time for procedures required prior to the Board hearing. Please be .advised that the McStone 'Aggregates LLC Mud -Creek Pit 112(c) Permit Application may be deemed inadequate, and the application may be recommended for denial May 23, 2008 unless the above mentioned adequacy review items are addressed. to the satisfaction of the Division. Responses to these adequacy concerns must be received by the Division to allow adequate time for review prior to the recommendation date. If you feel more time is needed to complete your reply, the Division can grant an extension to the recommendation date. This will be done upon receipt of a gwntten waiver of your right to a decision by July 5, 2008 and request for additional time. This request must be received no later than May 23, 2008. Please be aware that depending on the answers that are received regarding the above adequacy issues, the Division may have further adequacy questions. If you have any questions, please do not hesitate to call me at (970) 259-5861. Sincerely,- ate Pickford Environmental Protection Specialist