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Sff G?,? <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 />January 8, 2008 / <br />Greg Lewicki <br />Greg Lewicki and Associates ? <br />11541 Warrington Court <br />STATE OF COLORADO <br />RECEIVED <br />AN 18 2008 <br />Division of Reclamation. <br />Mining and Safety <br />COLORADO <br />D I V I S I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br /> <br />Parker, CO 81501 l A 02 ? / <br />Re: Vagneur Pit, Permit No. M-1980-085, Amendment No. 2 Second Adequacy Review <br />Dear Mr. Lewicki: <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />The Colorado Division of Reclamation, Mining and Safety (DRMS) received Elam Construction, Inc.'s response to our <br />preliminary adequacy review for Amendment No. 2 (AM-02) to Permit No. M-1980-085 addressing the addition of 16 acres <br />to the affected area within the current permit area. This application cannot be approved until the following remaining issues <br />are adequately addressed. Please submit a response to the following issues as soon as possible, but no later than January <br />16, 2008 so the decision due date set for January 22, 2008 can be met. If your response or a written extension request are <br />not received by January 16, 2008 this application may be denied <br />ADEQUACY COMMENTS <br />1. Response acceptable. <br />2. Response acceptable. <br />There are still some inconsistencies between the permit area legal description and the survey coordinates shown <br />on Map C-1. <br />• Page A-1 - Bearing S 81° 18' 38" should be N 81° 18' 38". <br />• Page A-2 - Parcel 1 - The distance of the arc of the lefthand curve with a radius of 243.31 has been <br />omitted. Please add this information. <br />• Page A-2 - Parcel 1 - The map specifies a distance of 77.71' for the arc with a radius of 114.69'. The <br />legal description text indicates a distance of 77.17'. Please correct this discrepancy. <br />• Page A-2 - Parcel 2 - The map indicates a distance of 47.4273' for the arc with a radius of 84.69'. The <br />legal description text indicates a distance of 46.92'. Please correct this discrepancy. <br />• Page A-2 - Parcel 2 - The map indicates a distance of 249.27 for bearing S 50° 19' 30". The legal <br />description indicates a distance of 250'. Please correct this discrepancy. <br />• Page A-2 - Parcel 2 , The map indicates a distance of 870.36' for bearing N 10° 09' 30". The legal <br />description indicates a distance of 870.74'. Please correct this discrepancy. <br />• Please ensure all corrections to survey data are accurate and result in closure of the surveyed area. <br />4. There are still inconsistencies in the topsoil berm dimensions, locations and volumes reported of pages D-land <br />D-3. Please revise the application text to be accurate and consistent. The revised calculations for the average <br />topsoil strip depth are incorrect as are the stockpile berm volume calculations and acreage calculations. If the <br />volume figures are calculated using AutoCAD, then please indicate that in the permit text. Otherwise, please <br />recalculate and revise the volumes and stockpile acreage reported using the dimensions and geometry indicated in <br />the text. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand )unction • Durango Active and Inactive Mines