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STATE OF COLORADO <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 />March 16, 2009 <br />Todd A. Stockebrand <br />Asphalt Constructors, Inc. <br />7040 Highway 160 West <br />Alamosa, CO 81101 <br /> <br /> <br /> <br /> <br />RECEIVED <br />MAR 18 2009 GoverRitter, <br />nor Jr. <br />Division of Reclamation, Harris D. Sherman <br />Mining and Safety Executive Director <br /> Ronald W. Cattany <br /> Division Director <br /> Natural Resource Trustee <br />RE: Adequacy Issue for a 112c Permit Application, <br />Ft. Garland Pit, File No. M-2008-085. <br />Dear Mr. Stockebrand: <br />The public comment period for the above referenced application closed on February 22, 2009. During <br />the public comment period the Division received no objections to the application and two <br />recommendations for approval. Please find enclosed, recommendations for approval of the permit <br />application from the State Historic Preservation Officer and by the Division of Water Resources. <br />Therefore, pursuant to Rule 1.4.8, the decision date for the Ft. Garland Pit application is April 14, 2009. <br />Please be advised that the application may be deemed inadequate and may be denied on April 14, 2009 <br />unless the following adequacy review item can be addressed to the satisfaction of the Division. <br />The application identifies a concrete lined irrigation ditch and various fence lines located within <br />200 feet of the proposed affected lands. The application commits to maintaining a 3H:1 V slope <br />throughout the excavation activity and excavation activity will not approach the irrigation ditch <br />closer than 100 feet. However, the ditch must be crossed during Phase 1 operations and the <br />application does not clarify how the ditch will be crossed. Therefore, the commitment to maintain <br />a 100-foot buffer does not address all aspects of the engineering evaluation requirement of Rule <br />6.4.19(b). Please clarify how the concrete lined irrigation ditch will be crossed. Additionally, Rule <br />6.4.19(b) clearly states that the engineering evaluation is appropriate only where a damage <br />compensation agreement, described under Rule 6.4.19(a), cannot be reached. Please submit a <br />damage compensation agreement in accordance with Rule 6.4.19(a) for all permanent man-made <br />structures located within 200 feet of affected lands. <br />Pursuant to Rule 4.2.1, the Division has completed a preliminary reclamation cost estimation for the <br />proposed operation totaling $17,790. Please find enclosed nine pages of summary, work sheets and <br />data sheets utilized by the Division to estimate the cost of reclamation. <br />Please contact me at the Division's office in Durango at 691 County Road 233, Suite A-2, Durango, CO <br />81301, phone (970) 247-5469, if you have any questions. <br />Sinter °? ?/? <br />Wallace H. Erickson <br />Environmental Protection Specialist <br />Enclosure: Recommendations for approval and CIRCES Cost Estimation totaling $17,790. <br />COLORADO <br />DIMS ION O F <br />RECLAMATION <br />MINING <br />SAFETY <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines