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III IIIIIIIIIIIIIIII 999 DEPARTMENT OF NATURAL RESOURCES David H. Gerches, Executive Director MINED LAND RECLAMATION DIVISION DAVID C. SHELTO N, Director Richard D. Lamm Governor April 8, 1986 Mr. Lloyd V. Barnhart 3 Sedum Court Pueblo, Colorado 81001 Re; Valco, Inc. - "Pueblo East Pit" - File No. M-86-015 Dear #r-BarnLhert-: I have completed my adequacy review of the 112 permit application for the above captioned operation and have several questions and comments which are organized on an exhibit-by-exhibit basis below. Any exhibit or part thereof not mentioned is now considered adequate for Board approval during the scheduled April 23-24, 1986 meeting. If we can resolve these few areas of concern, this matter should be able to be heard in a "no problem" format before the Board. Please respond to this letter at your earliest convenience, but certainly by no later than April 18, 198fi. I have received and reviewed the proof of publication and the proofs of notification to all adjacent landowners for this operation. These items have been properly done and I have no further comment about them. Exhibit A - Legal Description N o'` '" It appears from the map in Exhibit B that the haul road traverses a bit of the ¢~~~• SE ]/4 SE 1/4, Sec. 27. Should this not also be included in the legal P (`description? Please clarify this matter. Exhibit C - Pre-Mining and Mining Plan Map 1. The general question of the proper width of the undisturbed setback from the Arkansas River to keep the pit distinct from the river, as well as the location of the 2'-high flood control berm relative to this setback needs to be considered further. First of all, it is obvious from your maps that the undisturbed 100' setback is not now planned as part of the permit area. However, my inspection of the existing 110 operation of the same site shows that this setback has already been disturbed adjacent to the 110 operation pit. Any parts of the setback that have already been disturbed must be part of the new 112 permit and reclaimed, as such. This may change your maps, your acreage figure and your application fee slightly. Second, given the difficulty of maintaining a 100' setback, you may wish to consider widening the setback beyond 100'. Continued inability to maintain a permitted setback in an undisturbed state and at its proper width could eventually constitute a violation to the permit. Finally, the flood controi berm must be within the 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 8663567