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As previously noted: <br />Issue #5 notes weed infestations in the area. <br />DRMS requires weed control with all permits. Staff inspects all permitted sites on a regular schedule and noxious <br />weed infestations and controls are part of those inspections. If noxious weeds are observed the operator must <br />submit an approved control plan for those weeds which is approved in conjunction with the County Weed Control <br />Division. This plan for specific weed species then becomes part of the reclamation permit. No noxious weeds <br />were noted during the on site visit within the proposed area. However, staff noted thistle and possible toadflax at <br />nearby locations which the applicant will need to be diligent against infestations from outside sources. <br />Issue #6 notes a concern about bonding; and long term responsibilities. <br />The 100 year flood plain set back further mitigates staff concerns on this issue. <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 now show that no excavation will occur within 200 of the intake diversion at <br />its closest point greater than 400 feet of the gate and ditch. This appears to be a set back of several hundred feet <br />in most places from Ditch structures and the affected lands as requested. As noted the DRMS engineer has no <br />issues with stability given these distances. Anything over 200 feet away from the affected lands is beyond the <br />MLRB jurisdiction. Please note the MLRB does not have the jurisdiction to require the bonding beyond the life <br />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 />Staff has sent Deep Cut a copy of the Division's Oil and Spill Containment policy. It should be noted that this <br />issue like weeds is regularly looked at during inspections. Staff has asked the applicant to supply a regular <br />cleanup plan for all asphalt spills and reject. Asphalt is considered inert after 180 days but the Division will not <br />allow it to be used for backfill or to remain on site in cases where it may come in contact with water. During the <br />course of the application review it has been noted that the applicant intends to subcontract with another local pit <br />operator who would most likely truck material to their processing area. If this is the case then no asphalt <br />production would be occur at the proposed site. The permit would still allow for it, but it is projected as an as <br />needed type of operation to begin with and not a constant production type of plant. The proposed permit must <br />meet the same requirements on this issue as all other similarly permitted mines. <br />Staff hopes this has addressed Deep Cut Ditch's concerns. Should Deep Cut Ditch have any questions regarding <br />the noted issues please contact staff immediately. It is always the Division's desire to mitigate concerns to every <br />extent possible and hopefully conserve everyone's resources. Currently the Decision Date is set for July 14, <br />2008. Staff will issue a Letter of Rationale on that date for its recommended decision. A Pre-Hearing Conference <br />has been scheduled for July 22, 2008 in Craig. This would set the application for a formal public hearing at the <br />August 1314, 2008 Mined Land Reclamation Board (MLRB) meeting in Denver. If all of Deep Cut Ditch's <br />concerned are addressed, you may withdraw by submitting the Party Withdrawal Form supplied with the Citizen <br />Participation Packet. This may be done at or prior to the Pre-Hearing Conference. Staff would like to discuss <br />what is required of Deep Cut at the Pre-hearing Conference so please contact staff as soon as possible.