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Issue #6 notes a concern about bonding and long term responsibilities. <br />All reclamation permit holders are required to post a Financial Warranty to cover the reclamation liability for the <br />proposed activities. The liability is updated on a regular basis to ensure there is sufficient funds to cover <br />reclamation of the site should a permit holder default. Rule 6.4.19, Exhibit S requires the identification of all man <br />made structures within 200 feet of the affected lands of a mining operation. Please note the affected land is that <br />disturbed by mining not necessarily that permitted. This is important as the permitted area actually extends along <br />the property lines but the entire area is not proposed for total disturbance. The Deep Cut Ditch, fencing, gates, <br />roads and flow control devises are all identified as required as well as the ditch intake diversion. If other <br />structures owned by the Ditch Company are not identified, please contact staff immediately so that they can be <br />appropriately addressed. The maps and site visit show that no excavation will occur within 150 of the intake <br />diversion at its closest point or within 400 feet of the gate and ditch. This appears to be a set back of several <br />hundred feet in most places from Ditch structures and the affected lands as requested. Anything over 200 feet <br />away is beyond the Division's jurisdiction. Please note DRMS and the MLRB do not have the jurisdiction to <br />require the bonding beyond the life of the mine. <br />Staff notes there is no Issue # 7 but additional correspondence of May 21, 2008 notes an Issue #8. <br />Issue #8 notes a concern regarding water contamination in regard to asphalt production. <br />Please find attached a copy of the Division's Oil and Spill Containment policy. It should be noted that this issue <br />like weeds is regularly looked at during inspections. Staff has asked the applicant to supply a regular cleanup <br />plan for all asphalt spills and reject. Asphalt is considered inert after 180 days but the Division will not allow it to <br />be used for backfill or to remain on site in cases where it may come in contact with water. During the course of <br />the application review it has been noted that the applicant intends to subcontract with another local pit operator <br />who would most likely truck material to their processing area. If this is the case then no asphalt production would <br />be occur at the proposed site. The permit would still allow for it, but it is projected as an as needed type of <br />operation to begin with and not a constant production type of plant. The proposed permit must meet the same <br />requirements on this issue as all other similarly permitted mines. <br />Staff hopes this has addressed some of Deep Cut Ditch's concerns. Currently the Decision Date is set for July 14, <br />2008. This would set the application for a formal public hearing at the August 1314, 2008 Mined Land <br />Reclamation Board (MLRB) meeting in Denver. A Pre-Hearing Conference by Rule will be scheduled for late <br />July or August in Craig. Additional comments will be accepted up to 20 days after the last day of publication. In <br />the mean time, should all Deep Cut Ditch's concerned be addressed, you may withdraw by submitting the Party <br />Withdrawal Form supplied with the Citizen Participation Packet at any time. <br />If you need additional information, please contact me at the Division of Reclamation, Mining and Safety, Grand <br />Junction Field Office, 101 S. 3rd St., Suite 301, Grand Junction, Colorado 81501, telephone no. 970.241.1117. <br />Sincerely, <br />/,, 1 *;,- -- <br />-, ? , G. Russell Means <br />Environmental Protection Specialist II <br />Cc: TMS Consulting, Tim Scanlon.