Laserfiche WebLink
RECEIVED M 2.0 13- -63& <br />AUG 2 1 2014 <br />DIVISIGN OF RECLAMATION <br />MINING AND SAFETY <br />August 26, 2014 <br />Division of Reclamation and Mining Safety (DRMS) <br />1313 Sherman Street Room 215 <br />Denver CO 80203 <br />RE: New Permit La Plata County <br />✓ Luke the Duke LLC - Proposed Gravel Pit <br />k,"' Public Notice & Comment — Due August 28, 2014 <br />Dear DRMS: <br />Pursuant to Public Notice regarding the above referenced proposed Gravel Pit /Surface Mining activities <br />listed below is a list of safety and other concerns submitted for consideration and review by DRMS. <br />Item 1— Child Safety <br />Per a review of the development plan please note the subject activities are proposed to operate within <br />225 feet +/- of an existing residential dwelling occupied by our neighbors (Jeff & Claire Bradshaw & their <br />children). Said application fails to adequately address attracted nuisance issues in event children <br />entered the construction area. The permit application fails to mention stabilization /security of pit walls, <br />aggregate piles, heavy construction machinery, safety fencing and potential site hazards. The applicant — <br />Luke the Duke LLC should provide a detailed safety plan prior to any permit consideration by DRMS. <br />Item 2 — Road Safety <br />The proposed permit plan references the use of Equestrian Trail for ingress /egress. An eminent and <br />pending legal question remains whether ingress /egress noted on a 2005 residential subdivision plat <br />entitles Luke the Duke LLC to unlimited /unconditional commercial use. The permit plan fails to <br />reference any contingent roadway development or transport access to County Road 120 in the event <br />commercial access to Luke the Duke LLC is denied via Equestrian Trail. The permit plan also fails to <br />mention any road maintenance and upkeep plan resulting from said heavy - hauling /commercial <br />activities. Lastly, the proposed permit plan and exhibits fail to adequately depict the location of the Hay <br />Gulch Irrigation Ditch and the boxed culvert crossing on Equestrian Trail. The concrete boxed culvert <br />crossing was primarily designed to accommodate passenger vehicles and farm equipment. In the event <br />Luke the Duke LLC is permitted legal access for commercial and heavy hauling on Equestrian Trail; then <br />said applicant must provide a detailed Engineering analysis, proposed construction plans (subject to the <br />approval of adjoining land owners) and maintenance plans for the heavy haul use of said roadway. <br />Collapse of the aforementioned culvert could result in serious bodily injury and harm. <br />Item 3 —Water Quality and Supply <br />The proposed permit application is incomplete regarding water supply to accomplish the reclamation <br />plan. Two existing pits on the Luke the Duke LLC property should be completely reclaimed immediately <br />and prior to any further surface disturbance activities. An adequate fresh water supply will be needed <br />1 <br />