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<br />
<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 />April 28, 2010
<br />Nathan A. Barton
<br />Wasteline, Inc.
<br />PO Box 88
<br />Cortez, CO 81321
<br />STATE (?t COLORADO
<br />COLORADO
<br />D I V I S ION OF
<br />RECLAMATION
<br />MINING
<br />- St-
<br />SAFETY
<br />Bill Ritter, Jr.
<br />'l Governor
<br />James B. Martin
<br />It ???;p?3G1?, Executive Director
<br />DiVMloinif?0 vid S818ty
<br />IA
<br />John Gilleland
<br />C&J Gravel Products, Inc.
<br />27661 Highway 160 E
<br />Durango, CO 81301
<br />Re: Montoya Pit, Permit M-1980-146, Amendment AM-4, Adequacy Review Letter.
<br />Dear Mssrs. Barton and Gilleland,
<br />The Division has reviewed the recent adequacy responses submitted to the Division, by your letter dated March 17,
<br />2010. There are several items that should be discussed, as shown in the following paragraphs.
<br />BLM Environmental Assessment. Your letter begins by including three listed "References," the second one of which
<br />is identified as the "Montoya Gravel Pit EA, BLM, including ROD and FONSI" (called the EA, hereinafter). In
<br />numerous places in the text of adequacy response letter, reference is made to information found in the EA. Please note
<br />that this office has informed you (by letter dated September 23, 2009) that we will not accept information referenced to
<br />the EA or other document that is not from our agency. In order that items are not overlooked, and can be easily
<br />located and identified, all submittals must closely conform to the format of exhibit information in the amendment
<br />application and the requirements of the Rules and Act. As such, please remove or clarify those references, and re-label
<br />or re-submit the information. The references to the EA appear under Exhibits C, E, F, G, and the Geotechnical
<br />Stability Exhibit.
<br />Right of Entry. We must again remind you that including acreage within this amendment application to which you do
<br />not presently have right-of-entry cannot be included as acreage in the amendment. It does not matter whether you have
<br />intentions of obtaining this right-of-entry in the future, or commit to not disturbing it until such right-of-entry is
<br />obtained, or commit to permanently keeping this land out of the affected area, without demonstrating that you have the
<br />right to enter for purposes of mining and reclaiming, it cannot be approved as part of the permitted area.
<br />If the land area to be included in the amendment is therefore different and reduced, you must revise the amendment
<br />application materials to reflect this, including at least the legal description and maps, possibly also portions of the
<br />mining and reclamation plans. If this course is followed, and there are no "new" lands to be included in the
<br />amendment, this office considers this a response to an adequacy issues, which in this case is revision to the
<br />amendment, for which there is no additional fee and no additional notice requirement. There will be need for
<br />additional time to prepare, submit and review these materials.
<br />Geotechnical Stability. The variety of possible methods of stabilizing the hillside, pit slopes, roadways, and cut and
<br />fill areas appear to include numerous applicable practices. However, due to the variety of applications and materials
<br />Office of Office of
<br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines
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