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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 />Wry` <br />COLORADO <br />D I V I S I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />April 2, 2009 <br />Todd A. Stockebrand <br />Asphalt Constructors, Inc. <br />7040 Highway 160 West <br />Alamosa, CO 81101 <br />VIA FACSIMILE (719) 589-0927 and US Mail <br />RE: Second Adequacy Issues for a 112c Permit Application, <br />Ft. Garland Pit, File No. M-2008-085. <br />Dear Mr. Stockebrand: <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />As noted in the Division's first adequacy letter, dated March 16, 2009, the decision date for the <br />Ft. Garland Pit application is April 14, 2009. Please be advised that the application may be <br />deemed inadequate and may be denied on April 14, 2009 unless the following adequacy review <br />items can be addressed to the satisfaction of the Division. <br />1. The concrete lined irrigation ditch must be crossed during Phase 1 operations. Please <br />describe how the concrete lined irrigation ditch will be crossed. Please clarify how the ditch <br />function and stability will be maintained during the mining and reclamation activities. <br />2. On March 31, 2009, the Division received copy of a proposed damage compensation <br />agreement for the irrigation ditch, signed by the Operator and forwarded to the ditch owner, <br />Trinchera Irrigation Company. The Operator anticipated approval of the proposed <br />compensation agreement on April 7, 2009. Pursuant to Rule 6.4.19(a), please ensure that the <br />signatures are notarized. <br />Please contact me at the Division's office in Durango at 691 County Road 233, Suite A-2, <br />Durango, CO 81301, phone (970) 247-5469, if you have any questions. <br />Sincerely,, <br />Wallace H. Erickson <br />Environmental Protection Specialist <br />APR 0 9 2009 <br />DIVI3loin of Reckamationgill Ritter, Jr. <br />Mir. ng and Safety Governor <br />Office of Office of <br />Mined Land Reclamation Denver Grand )unction • Durango Active and Inactive Mines