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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 />RECEIVED <br />July 15, 2009 JUL 2 2 2009 <br />?, <br />Harry Goff D MIS g a d Safety <br />1824 Eastlawn <br />Durango, CO 81301 <br />RE: Response to Phone Conversation, Red Mesa Pit, File No. M-2009-023. <br />Dear Mr. Goff: <br />COLORADO <br />D I V I S ION OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ifonald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />During our phone conversation from July 14, you indicated that several of your concerns, raised <br />in your May 4, 2009 correspondence, had not been addressed to your satisfaction. Herein, the <br />Division attempts to clarify its position on the issues raised in your May 4 correspondence. The <br />Division's response has been numbered to correspond with the numbered issues raised in your <br />May 4 correspondence. <br />1. There appears no conflict or contradiction between the text of the Mining Plan and the <br />direction of mining illustrated on the Active Mining Map. According to the proposed Mining Plan <br />and Active Mining Map, future excavations will commence at the northwest end of the active pit <br />area, where mineable resources exist, and will advance in an easterly direction. Mining activities <br />conducted under the previous permit depleted mineable resources from the western half of the <br />permit area. The depleted areas have been reclaimed. The proposed operation does not intend <br />to re-disturb reclaimed areas where mineable reserves have been consumed. Therefore, future <br />mining activity will occur east of the existing pond and reclaimed lands, and will advance across <br />the active pit area where mineable resources exist. <br />2. The Applicant has committed to mining above the water table and will not expose ground <br />water in addition to the existing pond already addressed by the Office of the State Engineer, <br />Division of Water Resources. Mineable materials may exist below the water table but the <br />Applicant has committed to not expose ground water. Therefore, mineable materials below the <br />water table will not be extracted by future mining activities. <br />3. The elevation of ground water at this site appears to be somewhat associated with the <br />elevation of the water surface in the existing pond. The Applicant has committed to mining above <br />the water table and will not expose ground water. Therefore, the maximum depth of excavation is <br />apparent and engineering cross sections of the proposed excavation appear unwarranted. <br />4. The original 111 permit produced clean aggregate for asphalt products. Therefore, wash <br />and/or process water was utilized previously and the Operator attained the necessary permits for <br />such processing. However, the proposed new permit will produce sand and gravel. Wash and/or <br />process water are necessary for production of clean aggregate but not for sand and gravel. The <br />Office of Office of <br />Mined Land Rarlamatinn-- -I)envar . Crand hmrtinn . r)iirnnan ?A;-