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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 />6;w? <br />COLORADO <br />D I V I S I ON OF <br />RECLAMATION <br />MINING <br />ceivw I SAAELTY <br />November 24, 2009 <br />Ben Langenfeld <br />Greg Lewicki and Associates <br />11541 Warrington Court <br />Parker, Colorado 80138 <br />NOV 3 0 2000 Bill Ritter, Jr. <br />Div"n of Reclamation, Governor <br />Mining and Safety Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />Re: Gehrman Gravel Pit, M-2009-078, Forward of Wagner Ranches Objection Comments. <br />Dear Mr. Langenfeld, <br />Please find attached comments received by DRMS in regards to the Gehrman Pit application. It is noted <br />that the Wagner Ranches does not object to the project however it has concerns regarding the mining <br />and reclamation plans. At issue is whether construction of berms will have a negative impact on ranch <br />lands during flood season. DRMS must consider the comments as a timely objection to ensure that the <br />Ranch maintains party status until the issue is resolved either through the review process or before the <br />Mined Land Reclamation Board. Please respond back to Wagner Ranches on their issues and copy <br />DRMS. Please note that if it can be clearly demonstrated that construction of the berms will cause <br />additional flooding to the area this may be considered off site impacts which would have to be <br />mitigated prior to any permit approval. Staff will require technical data from both parties for full review <br />before issuing any decisions on the issue or the application itself. <br />If you need additional information please contact me at the Division of Reclamation, Mining and Safety, <br />Grand Junction Field Office, 101 S. 3rd St., Suite 301, Grand Junction, Colorado 81501, or by telephone <br />no. 970.241.1117. <br />Sincerely, <br />A r <br />G. Russell Means <br />Environmental Protection Specialist II <br />Enclosures: <br />Comments from: Wagner Ranches, LLC. <br />Cc: Gayle Lyman, Elam Construction <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines