2009-08-25_REVISION - M2008022 - Laserfiche WebLink

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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 August 25, 2009 RECEIVED GQ/1 COLORADO D I V I S I ON OF RECLAMATION MINING SAFETY Gayle Lyman AUG 31 2000 Bill Ritter, Jr Governor Elam Construction, Inc. of Reclamsfion, Division Harris D. Sherman 556 Struthers Avenue Mining and Safety Executive Director Ronald W. Cattany Grand Junction, Colorado 81501-3826 Division Director Natural Resource Trustee Re: Breeze Basin Pit, 114-2008-022, Technical Revision TR-01, Review and Approval. Dear Mr. Lyman, The Division of Reclamation Mining and Safety has reviewed the technical revision (TR) submitted by Elam on behalf of the permit holder. It is noted that the Division received written communication from the permit holder authorizing Elam to submit the TR on their behalf for this issue. The TR requests three modifications to the permit and a commitment regarding cottonwoods. The first modification is the moving of the access point to the pit on Highway 394. Under the original plan the point of access was to be a separate entrance from the landowner's main access. CDOT had issues with the number of entrances within the area and required the permanent use of the single exisiting entrance to the property. Length of road and total acreages are not affected and it is noted the road will remain after reclamation is completed. A review of the easement also notes it is not specifically tied to a metes and bounds but only as access to the property. Since the landowner's access was accepted as a temporary entrance the TR is only changing it to the permanent one. Therefore staff sees no issue with the change;and the temporary access point off Highway 394 is now considered the permanent one. The second issue is noting the access road into the pit across noted wetlands is now temporary and will be removed in final reclamation. The re-sloping of the areas and removal of the drain pipe increases the reclamation liability nominally due to its small area size. Since the bond was calculated last year the increase is not enough to justify a total recalculation or increase at this time. The removal of the access road within the pit is noted and accepted. The third issue is in regard to wetlands protection and removal. As part of the original approval, the Division stipulated that Corp of Army Engineer issues must be addressed prior to any disturbance to wetlands on site. Per telephone conversations and the TR it is apparent that Elam has addressed those issues. Mining will be done under the Tulloch II Rule which allows removal of the wetlands so long as no fill placed in the footprint. The Division requests a copy of the COE approvals for the record and a copy Office of Office of Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines