2017-05-25_PERMIT FILE - M2017009

• Permit No: M2017009
• IBM Index Class Name: PERMIT FILE
• Doc Date: 5/25/2017
• Doc Name: Adequacy Review Response #3
• From: Randy Schafer
• To: DRMS
• Email Name: JLE
• Media Type: D
• Archive: No

RECEIVED
MAY 2 5 2017
May 15,2017
OMSION OF RECLAMATION
LINING AND SAFETY
Mr.Jared Ebert
Environmental Protection Specialist III
Colorado Division of Reclamation, Mining and Safet
1313 Sherman Street, Room 215
RE: PVRE Pit#1,M-2017-009,New 110 Construction Materials Reclamation Permit Application,
,,,-Adequacy Review No.3
Dear Mr. Ebert:
We are submitting a response and information to your adequacy Review No. 3 dated May 12,2017. All
responses are in bold print.
Rule 6.3.3.Exhibit C—Mining Plan
10)Has"Jack's Lane"been constructed?If so,please provide a description of this road and a picture of
this road and indicate if the road will be improved to support the mining operation. Based on the
definition of"Affected Land" in Rule 1.1(3),roads must be included as affected land unless the road
existed prior to the date on which a permit application was made to the Office and which was constructed
for purposes unrelated to the proposed mining operation and which will not be substantially upgraded to
support the mining operation.Also, per Rule 6.3.3(g),new or improved roads must be included as part of
the permitted acreage.If the road does not exist, it must be included in permit acreage,and given that the
proposed permit area is already 9.9 acres including this road would require the applicant to withdraw this
110 Limited Impact Operation application and submit a 112 application or reduce the proposed permit
area below the 10 acre Limited Impact Operation threshold.
a.PVRE, LLC. Response: Jack's Lane is a new road which will service Platte Valley Industrial Park, a
new subdivision which is currently being proposed by Platte Valley Real Estate LLC and is under review
by Logan County. We would argue that the primary function of this roadway is to serve the new industrial
lots being created in the Platte Valley Industrial Park subdivision. It will be in place and serve that
function for many years above and beyond the life of this pit.A copy of the subdivision plat is attached.
The gravel pit operation will simply be using a roadway built for the industrial
property owners.The subdivision roadway has not been included in the 9.9 acres at this time.
b.DRMS Response: Per Rule 1.1(3)and 6.3.3(g),new or improved roads must be included as part of the
permitted acreage. C.R.S. 34-32.5-103(1)states for a road not be considered as part of the affected land it
must have been in existence before a permit application was filed with the office.As this road is not
currently in existence,the acreage associated with it must be included in the permit acreage/affected land
acreage. Since the proposed permit area is already 9.9 acres including this road would require the
applicant to withdraw this 110 Limited Impact Operation application and submit a 112 application or
reduce the proposed permit area below the 10 acre Limited Impact Operation threshold while including
the road acreage. If the latter option is chosen,the applicant will need to file a Technical Revision to the
application in accordance with Rule 1.8.The revision shall include revised application Exhibits as
applicable to account for including the road area within the permit boundary.
We will continue to complete the requirements for a 110 application. The permitted acreage will be
changed to include Jack's Lane from the NW corner of the pit to Edith Road. The roadway itself
will be 20' by 1050' or approximately 0.5 acre. The affected pit area will be reduced to 9.4 acres.
Maps will be revised and included as necessary.