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Mr. Berhan Keffelew <br />Environmental Protection Specialist <br />Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />40586 Co. Rd. 21 <br />Haxtun, CO 80731 <br />November 30, 2012 <br />RE: Conversion Application by Crystal Springs Ranch Inc. <br />Hansel Pit #1 <br />yM- 2010 -036, Adequacy Comments <br />Dear Mr. Keffelew: <br />DIVISION OF RECLAMATION <br />MINING AND SAFETY <br />This information is provided in response to your adequacy comments dated November 6, 2012. The <br />original comments have been provided. My responses are in bold. <br />Application Form <br />1) Public Notice as required in Subparagraph 1.6.2(1)(d) shall be published four times, once a <br />week for four consecutive weeks. Within ten working days after the last publication or as soon <br />thereafter as poof has been obtained, the Applicant shall mail proof the publication as required by Rule <br />1.6.2(1)(d) to the Office. Please provide proof of publication the Division (1.6.5(2). <br />I am enclosing the Proof of Publication from the Haxtun- Fleming Herald. <br />2) As required by Rule 1.6.2(1)(g), please provide the proof that the notices required by Rule <br />1.6.2(1)(e)(i) and (ii) were sent to all Owners of Record. This requirement would be satisfied by <br />submitting copies of certified mail receipt or proof of person services (Rule 1.4.1(4). <br />Proof of notice sent to adjoining landowners of Hansel Pit #1 is attached. Also attached is the <br />proof of posting at the site. <br />6.47 Exhibit G - Water Information <br />1) Under the exhibit the operator states, "The excavation will occur in the normally dry Sandy <br />Creek that does run when there is heavy rainfall in the area ". It is the Division's understanding that <br />there will be no need to obtain a 404 permit from the Army Corps of Engineers for this project. Please <br />acknowledge. <br />The US Army Corps of Engineers has indicated the tributary to Sandy Creek where the Hansel <br />Pit #1 is located, "is non - jurisdictional, and is not regulated under Section 404 of the Clean Water <br />Act." See the attached response to my recent inquiry. <br />2) Even though the operator has agreed to stay 200 feet from each side of the gas line, the <br />Division recommends additional measures such as armoring the downstream side of the creek to <br />minimize erosion and affecting the gas line. <br />