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i, <br />WASTELINT WC., <br />P.O. Box 3471 Rapid City, SD 57709-3471 (605)348-0244 <br />PO Box 88 Cortez, CO 81321-0088 (970) 564-1380 CELL (605) 390-7255 <br />E-mail: WASTELINE6(2aot.com or SDLibertyna aot.com <br />05 November 2009 <br />Mr. Bob Oswald, Environmental Protection Specialist Nov <br />Colorado Division of Reclamation, Mining, and Safety <br />Durango Office ptyie ng and SafetY 0?' fur 5209 <br />691 CR 233 Suite A-2 <br />Durango, Colorado 81301 <br />:j 810h% Vin, <br />SUBJF-CT: M-1980-146 Montoya Pit Amendment 4, Response to Agency Comments <br />References: 1. Letter, CDOT Region 5 Access Management (Horn), 20 AUG 09 SGAB <br />2. Form, CDWR Memo, 16 JUL 09 SGAB <br />Dear Sir: <br />Thank you for the opportunity to respond to the comments. We are aware of the issues addressed in both <br />of these agency comments, and have included these in the application for amendment. <br />1. Although the size of the permit area and the affected area is increased, we do not plan any <br />increase in production rates as a result of this permit amendment, and therefore no increase in <br />traffic. Unlike commercial, residential, or industrial activities, expansion of the land included in a <br />mineral extraction operation does not directly translate into increased traffic generated by the <br />activity, <br />2. We are very pleased to understand that CDOT looks favorably on an interim access using <br />constructed portions of the nearby interchange; we will continue to work with CDOT on obtaining <br />changes to the current access permit relative to the changes in access roads to the Pit and the <br />continuing development of the interchange, as well as working with the City of Durango and La <br />Plata County on planned development of nearby areas. <br />3. Safety of traffic on SH-160 and in/out of the Montoya Pit is very important to us, and our working <br />relationship with CDOT, which is often a direct or indirect customer, is also very important to us. <br />4. We will keep CDRMS informed as to the status of the access permits, and work as necessary to <br />make technical revisions or amendments as necessary based on the changes in access permit as <br />issued by CDOT. <br />5. All existing detention basins/sediment basins are intended to comply with the 72-hour rule as <br />identified in the CDWR memorandum, To our knowledge, these basins have demonstrated their <br />compliance to date. <br />6. All proposed detention basins/sediment basins will also be intended to comply with the 72-hour <br />rule, and we expect them to do so through normal infiltration and evaporation, as well as wildlife <br />use. We do not expect there to be any problem with demonstrating compliance as the mining and <br />reclamation proceeds. <br />7. As stated in the application, we do not expect to encounter groundwater. As also stated, the <br />basins are designed to detain, not retain, stormwater.