2009-07-28_INSPECTION - M1981112 (2)

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BUILDERS AGGREGATE COMPANY 915 WEST BEAVER AVENUE FORT MORGAN, COLORADO 80701 Mr. Michael Cunningh Colorado Division of Reclamation, Mining & Safety 1313 Sherman Street, Rm. 215 Denver, Colorado 80203 ,M- Iq iU-J/ 2 July 24, 2009 RECEIVED Re: Operators Response "'JUL Minerals Program Inspection Report - July 6, 2009 R ?V??Q IDi*lon of Reclamation, Dear Mr. Cunningham: Mining and Safety Attached to this letter is incomplete survey drawing of the Builders Aggregate's site and Double J Concrete Site. This drawing will eventually be completed with other information as river access permits; but it does illustrate the property boundaries in support of the 112 Permit under which Builders Aggregate currently operates. The original 110 Permit that Builders Aggregate operated under for many years was recently converted to a 112 Permit and during that conversion the mining area and permitted area were changed and currently conform to the attached drawing. The size discrepancy was noted during the conversion process and was correctly to the 39 acre figure which you noted in your report. The current pond size is approximately 2.1 acres arrived at by actually measuring the perimeter. A Colorado registered engineer and land surveyor will complete a proper survey of the pond when the South Platte River drops to its normal level. This information will be placed on the drawing. It was noted during your inspection that the South Platte River is above its normal level and given the pond is hydraulically connected to the River; it too is above normal levels or size. Builders Aggregate has water rights to cover a 2-acre pond if necessary, but normally the pond is approximately 1.5-acres. The unusual weather patterns of this past spring and the current summer season have generally been beneficial to the State as a whole, but this is not the case with a hydraulic dredging mining operation. The higher water level of the pond also hinders the economic operation of the dredge system. Builders Aggregate is taking this opportunity to make some needed repairs to the screens and to perform general maintenance. As the operator of the mining operation, Builders Aggregate was instructed to improve the structural integrity of the south end of the pond as part of the procedure to gain a 112 Permit. This action was completed, apparently to the satisfaction of the Division and a 112 Permit was granted. Builders Aggregate did not understand a Notice to the Office was necessary since the Division required the work to be completed. Builders Aggregate will prepare such a Notice and submit the Notice to the Division. We look forward to resolving the issues found during the last inspection and will keep the Division informed. Respectfully, ,?cl'ames S Miner, President