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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY L,-, <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 18, 200 <br />Marvin Moore / <br />1570 Ranney St. <br />Craig, Colorado 81625 <br /> <br />' <br />3 <br />c <br />R6i MINING <br /> <br />MAR 2 3 2000 <br />SAFETY <br />n of Reclamation, <br />i <br />v <br />E)i <br />is <br />o <br />and Safety Bill Ritter, Jr. <br />Mining Governor <br /> Harris D. Sherman <br /> Executive Director <br /> Ronald W. Cattany <br /> Division Director <br /> Natural Resource Trustee <br /> <br />:/ t/ <br />Re: Smith Pit No. 20 Gravel Pit, No. Af-1978-085, Forward of Comment and <br />Clarification of Adequacy Request, , /?M _ o ? <br />Dear Mr. Moore <br />The Division of Reclamation, Mining and Safety has received a comment from the Corp of Army <br />Engineers in regard to the above referenced 112c amendment. The comment was received on March 11, <br />2009 which is considered timely in the public comment process. The primary concern of the Corp appears <br />to be wetlands delineation. Site information provided and inspection reports from DRMS staff do not <br />indicate an issue. However, please respond directly to the Corp and copy DRMS your response. Staff does <br />not consider the comment an objection. Once the comment has been responded to staff will issue its <br />decision on the amendment. <br />In Moffat County's response to the Adequacy Review received March 5, 2009 it appears there may be <br />some misunderstanding regarding the request to keep livestock off all reclaimed areas until DRMS releases <br />the site. The request is made for all sites not just this one specifically. DRMS is not aware of any specific <br />efforts or issues at this particular site. DRMS made no request to install fencing to keep livestock, wildlife <br />or trespassers out. It merely requested in general that livestock be kept out of reclaimed areas until released <br />and noted set backs if such efforts are not employed at "a" site, not "the" site. How it is done is Moffat <br />County's business "if necessary". Staff was not questioning Moffat County's reclamation record which is <br />excellent as far as we are concerned. However, it is important to note that DRMS issues the reclamation <br />permit to Moffat County and by rule can require measures to ensure reclamation success. If DRMS <br />observes conditions that require exclusion measures it reserves the right to request such measures <br />regardless of BLM or County policy or history. Through a Memo of Understanding with BLM both <br />agencies must concur on any release request on federal lands. However, the reclamation success is <br />determined by DRMS staff in regards to the approved plans not the landowner acceptance whoever that <br />may be. If those approved requirements are not met the permit will not be released regardless of the <br />landowner perception or satisfaction. <br />If you need additional information, please contact me at the Division of Reclamation, Mining and Safety, <br />Grand Junction Field Office, 101 S. 3rd St., Suite 301, Grand Junction, Colorado 81501, telephone no. <br />970.241.1117. <br />Sincerely, <br />G. Russell Means <br />Environmental Protection Specialist II <br />COLORADO' <br />DIVISION O F <br />RECLAMATION <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines