2009-04-30_REVISION - M1977129 (6)

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STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 April 30, 2009 Mr. Mark A. Gardner Whitewater Building Materials Corporation P.O. Box 1769 Grand Junction, CO 81502 REIGEWED MAY 0 4 2009 Divisioet ut Recl,2matioA, Mining and Safety COLORADO D I V I S I ON OF RECLAMATION MINING SA ETY Bill Ritter, Jr. Governor Harris D. Sherman Executive Director Ronald W. Cattany Division Director Natural Resource Trustee Re: Whitewater Building Materials Corporation, Pit 500, Permit No. M-1977-129; Third Adequacy- Review of 112 Construction Materials Reclamation Permit Technical Revision Package, TR-04. Dear Mr. Gardner: On April 30, 2009 the Division of Reclamation, Mining and Safety reviewed the Whitewater Building Materials Corporation response to the preliminary adequacy review for a 112c Construction Materials Reclamation Permit Technical Revision for Pit 500, Permit No. M-1977-129. A review of Whitewater Building Materials Corporation's response has revealed a few more issues and clarifications to address. 1) Response Adequate 2) Response Adequate 3) Please clarify on a map where topsoil and overburden will be stockpiled for Stages 3A, 3B, 4, 5 and 6. The map provided with the April 23, 2009 response indicates the locations of approximate overburden stockpile locations for each stage. Per Rule 3.1.9(1), where it is necessary to remove overburden in order to mine the construction material, topsoil shall be removed and segregated from other spoil. If such topsoil is not replaced on a backfill area within a time short enough to avoid deterioration of the topsoil, vegetative cover or other means shall be employed so that the topsoil is protected from erosion and is in a useable condition for reclamation. Please provide a map that clearly identifies where the topsoil and overburden will be located for mine stages 3A, 313, 4, 5 and 6. o The letter received April 30, 2009 states that there is no quantity of suitable topsoil with in Stages 3A, 313, 4, 5 and 6. This statement clearly contradicts what has been approved in the amendment submitted in September of 1981. Exhibit E, page 13 of AM-01 states "most of the soil in the added area is of high quality. It exhibits excellent water holding capacity, good texture and high natural fertility." It also states that topsoil will be salvaged to a depth of about 12 inches and that all topsoil will remain stockpiled until a lake area is ready to be filled with water. The soil within the permit boundary is classified as Mesa Clay Loam which is a well draining Office of Office of Mined Land Reclamation Denver - Grand Junction - Durango Active and Inactive Mines