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ASS <br />STATE, OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY c-? <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 D COLORADO <br />I o N Phone: (303) 866-3567 RECLAMATION <br />FAX: (303) 832-8106 (! MI ING <br />U SAFETY <br />January 29, 2008 FEB 012008 <br />Division of Keclamation, Bill Ritter, Jr. Ben Langenfeld Mining and Safety Governor <br />Greg Lewicki and Associates / Harris D. Sherman <br />11541 Warrington Court Executive Director <br />Parker, CO 81501 Ronald W. Canary <br />Division Director <br />Natural Resource Trustee <br />Re: Vagneur Pit, Permit No. M-1980-085, Amendment No. 2 Third Adequacy Review <br />Dear Mr. Lewicki: <br />The Colorado Division of Reclamation, Mining and Safety (DRMS) received Elam Construction, Inc.'s response to our <br />second adequacy review for Amendment No. 2 (AM-02) to Permit No. M-1980-085 addressing the addition of 16 acres to <br />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 3:00 <br />p.m. January 29, 2008 so the decision due date set for that date can be met. If your response or a written extension <br />request are not received by January 29, 2008 this application may be denied <br />ADEQUACY COMMENTS <br />1. Response acceptable. <br />2. Response acceptable. <br />3. Response acceptable. <br />4. There are still inconsistencies between the topsoil berm dimensions reported on pages D-land D-3. Please <br />revise the application text to be accurate and consistent. <br />5. The initial adequacy response and revised maps indicate that the proposed 700 cubic yard topsoil pile will no <br />longer be constructed. In the response to the second adequacy review, some references to this pile were removed. <br />However references on pages D-14, and E-3 still need to be removed from permit text. The second adequacy <br />response did not contain pages D-14 or E-3, revised or otherwise. <br />6. Response acceptable. <br />7. As with any seeding or revegetation effort submitted in a permit, please include the details proposed for the <br />initial stabilization seeding effort such as seed application method and any fertilizer and mulch application <br />details. Please include measures that will be taken to ensure proper application of the second stage of seeding <br />over the small grain crop used for short term slope stabilization. Additionally, 100 foot spacing might be <br />adequate for designed contour ditches, but contour furrows are generally cut a few feet apart for the entire length <br />of the slope. Please revise the permit text accordingly. <br />The reclamation cost estimate for this amendment is being calculated by DRMS and will be revised upon receipt of your <br />response to these comments. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines