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<br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 275 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8706 <br />July 17, 2002 <br />DIVISION OF <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MINING•SAFETY <br />Mr. Brian McGill-Environmental Manager ~ol~°~'o°~ <br />GCC Rio Grande <br />Greg E. Walther <br />11783 State Hwy 337 Executive Director <br />Tijeras, NM 87059 Ronald W. Cattany <br /> Acting Division Director <br />RE: GCC Rio Grande, Inc.; Red Rock Plant and Mine; DMG File # M-2002-004 <br />Review of Responses to Preliminary Adequacy Review fora 112 Construction <br />Materials Permit Application <br />Deaz Mr. McGill: <br />Your July 8, 2002 response to our adequacy letter of May 6, 2002 increased your <br />proposed disturbed acreage from 895 acres to 1061 acres. In accordance with Rule 1.1(6), <br />an increase in the acreage of affected land would require an amendment to the application <br />or the permit. <br />We realize that the terms "affected area", "disturbed area", and "permit area" and <br />derivatives of these terms are somewhat indistinct in the regulations. As a point of <br />clarification, the division considers the affected area to be that area which will be <br />disturbed during the course of mining in accordance with Rule 1.1(3) and also that area <br />which would likely require some form of reclamation bonding. The permit area can be <br />analogous to the affected area or be a lazger area that encompasses the affected or <br />disturbed area. In your application "affected land" and "disturbed land" would appear to <br />be analogous while the "permit azea" area appears to be a larger, all-encompassing area, <br />Because an increase in disturbed or affected acreage would require an amendment to the <br />application, the change, as proposed, would need to be submitted as an amendment along <br />with the required notices (Rule 1.8.1(3) & 1.6.6). An acceptable alternative to this action <br />would be to re-arrange the disturbed acreage in such a way as to not exceed the originally <br />noticed 895 acres, thereby, eliminating the need to amend the application. The division <br />will consider these two options as well as other options that you might devise. However, <br />if you decide to amend the application, this should be started within 5 days of receipt of <br />this letter. <br />We will continue to review your responses to our adequacy letter and contact you if any <br />additional concerns arise. Unless we heaz otherwise, the final decision date for this <br />application is still August 23, 2002. In the meantime, staff is continuing to work on and <br />