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=: <br /> <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmem of NaWral Resources <br />1313 Sherman 51 ,Room Z15 <br />Denver, ColoraAo 80203 <br />Phone: (3031866-3567 <br />FA%: (3031 832~810h <br />May 16, 1995 <br />Mr. Joe Thomeczek <br />Bent County Ready Mix <br />P.O. Box 387 <br />Las Animas, CO 81054 <br />~, <br />~~ <br />III IIIIIIIIIIIIIII~F COLORADO <br />999 <br />~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />Governor <br />James S Luchhead <br />Executive Dnedor <br />Alichael B. Long <br />Re: File No. M-95-007, Thomeczek Pit, Condition Attached to Dlvlsmn Dlreclor <br />Approval of New 110 Permit Application. <br />Dear Mr. Thomeczek, <br />As we had discussed last week and yesterday on the phone, your new <br />application is able to be approved, but only with a condition. <br />Even without the complication that this new application presented, <br />there have been several important outstanding problems to address <br />concerning your mining operation, which you have been aware of. <br />These problems should have been rectified, but to-date there has <br />been nothing done. The approval of your new application, for <br />Permit No. M-95-007, will incorporate a condition, which as the <br />situation now stands, must be part of your new permit. That <br />condition is as follows: <br />1. The operator will not allow the new mining to encounter <br />groundwater, until an augmentation plan has been approved to <br />allow the present pond surface to be enlarged. To adequately <br />meet the needs of revegetation of the resulting surface to be <br />reclaimed as pasture, a minimum depth of two (2) feet of <br />material must remain above the water table. <br />I will summarize the reasons for the permit condition below: <br />Your existing permit, No. M-86-112, was approved as a dry <br />operation. It was acknowledged at the time of approval that there <br />was an existing pond in the permit area, though it was not to be <br />part of the new operation. The approved mining plan was for the <br />new pit to be separate from the pond, and remain above the water <br />table. The approved reclamation plan was for a post-mining land <br />use of pasture. This Division did not write these provisions; <br />they were signed by you, submitted to us this way and approved. As <br />you know, present site conditions do not match the plan, and I <br />requested (a year ago) that you modify your plan or your operation, <br />to bring your permit into compliance. <br />