2008-06-16_REVISION - M1987038

• Permit No: M1987038
• IBM Index Class Name: REVISION
• Doc Date: 6/16/2008
• Doc Name: Second Adequacy Review
• From: DRMS
• To: Matt Carnahan
• Type & Sequence: AM5
• Email Name: KAP
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
(?j
COLORADO

Denver, Colorado 80203
Phone: [phone]
b`S? I ON OF
RD IV] ECL SAMATION
FAX: [phone]
JUN
2 3 200 MINING
9 SAFETY
June 16, 2008 Division of Recl
amation,
Mining and Safet

Matt Carnahan y Bill Ritter, Jr.
Governor
P.O. Box 1951
CO 81122 Harris
Di
rector
Executive

RE: Oldcastle SW Group, Inc., dba Four Corners
Materials., File No. M-1987-038 Ronald W. Cattany
Division Director
Bayf eld Pit No. 1, 112(c) Amendment Appl ication- Second Adequacy Review Natural Resource Trustee
Dear Mr. Carnahan,
A comment letter was received for this application. The letter raised some issues that must be addressed by the
applicant. Listed below are adequacy review issues raised in the letter for the Bayfield Pit No. 1, 112(c) Amendment
Application, File No. M-1987-038. The decision date for this application has been changed to August 14, 2008, due to
comments received, a second comment period, and the need for a Board hearing. The Division of Reclamation,
Mining, and Safety (Division) is required to make a recommendation by August 1, 2008, therefore, your response to the
following adequacy review concerns should be submitted to the Division as soon as possible.
1. The objecting party has stated that the notice circulated for the amendment contained an inaccurate location
description. This error will require re-notice and republication. Pursuant to Rule 1.6.5 (2), please submit proof of
republication of the public notice circulated in the local newspaper and re-notice to all owners of record of surface
lands and easement holders that are on the affected land and within 200 feet of the boundary of the affected land.
Proof of notice may be return receipts of a Certified Mailing or by proof of personal service.
2. The objecting party has raised questions relative the Operator's compliance with the water laws of the state of
Colorado. Specifically, questions related to adequate augmentation for current and additional exposure of
groundwater; whether the Operator owns the water rights necessary to operate the augmentation plan; and potential
impacts to groundwater quality were raised. Please address these concerns as they appear in the letter submitted by
the objecting party.
Please be advised that the Oldcastle SW Group, Inc., dba Four Corners Materials, 112 (c) Amendment Application may
be deemed inadequate, and the application may be recommended for denial August 1, 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 decision date. This will be done upon receipt
of a written waiver of your right to a decision by August 1, 2008 and request for additional time. This request must be
received no later than August 1, 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 [phone].
Sincere,
Kate Pickford
Environmental Protection Specialist
Office of Office of
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