PERMFILE59488

• Permit No: M2005071
• IBM Index Class Name: Permit File
• Doc Date: 9/13/2006
• Doc Name: Response to Motion for Clarification of the Condition Placed on Approval
• From: DRMS
• To: MLRB
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1373 Sherman St., Room 275
Denver
Colorado 80203
C O L O R A D O
,
Phone: [phone] DIVISION O F
RECLAMATION
FAX: (303) 832$106 MEMORANDUM M I N I N G
RECEi`JED E
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/
2006 /
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I1 SEP 13 2006
ate:
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er
, gill Owens
/ Division of Reclamation,
To: Mined Land Reclamation Board " Mining and Safety Governor
Russell George
/I
1
From: Division Staff '/~~//(\/ Executive Director
Ronald W. Cattany
/ Division Director
Natural Resource Trustee
RE: Response to Motion for Clarificati of the Condition Placed on the Approval of The Benson
Brothers Red Shale Pit, File No. M-2005-071 +/'
Benson Brothers (applicant) has timely submitted a Motion for Clarification to the Board Order for the
Benson Brothers Red Shale Pit Application Decision Issued May 10, 2006. Specifically, the Applicant has
requested clarification of the condition placed on the permit approval.
On September 5, 2006, Mr. Greg Lazear, a party to the Benson Brothers Red Shale Pit application process,
submitted a letter to the Board requesting to be allowed to review and comment on the draft Board order
produced at this hearing. Mr. Lazear's letter included numerous points summarizing his position with regard
to this clarification.
Division staff has reviewed the applicant's Motion for Clarification and Mr. Lazear's letter and finds that the
issue raised by the Motion is strictly to clarify the language of the condition placed on the application
approval. It is not to reconsider the approval or to expand the scope of the condition.
The applicant specifically questions wording in the Board order that states "ground vibration monitoring at
the project site shall continue for 30 days unless monitoring shows vibrations that could result in offsite
damages." The applicant further indicates that "from our discussions with Allen Sorenson of the DMG, it
was our understanding that monitoring would occur during a 30 day period at the beginning of quarry ripping
and/or rock crushing operations and that this monitoring would be discontinued when enough data was
collected to satisfy DMG staff that no potentially problematic vibrations are being detected."
Division staff that participated in the discussions with the applicant regarding the specifics of the condition
concur that the applicant's understanding of those specifics is correct and therefore the Division recommends
that the language of the condition read as follows:
The applicant will do ground vibration monitoring at the commencement of mining activities at the
quarry that have the potential to cause problematic ground vibration. The monitoring will be done in
accordance with a plan submitted by Benson Brothers within 30 days of this Board hearing and
approved by the Division. The plan shall require vibration monitoring data to be collected over a
period not exceeding 30 days at the beginning of ripping and/or rock crushing operations. The plan
shall be adequate to establish site-specific vibration attenuation characteristics of vibrations created
by typical mining equipment to be operated at the mine performing typical ripping and rock crushing
operations. Additional monitoring outside the initial 30-day period maybe required if potentially
problematic vibrations are detected during the initial testing.
Office of Office of
Mined Land Reclamation Active and Inactive Mines