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®® Banks and Gesso, LLC r~ ®® September 2, 2003 ~ / Division of Minerals and Geology v Attn: G. Russell Means 101 South Third Street, Suite 301 G d J t' CO 81501 720 Kipling St.,Suite117 Lakewood, Colorado 80215 (303} 274-4277 Fax (303) 274-8329 ww~y..{y~nlcsa nd g esso. com ;~;,. ~~~032~3 ran unc ion, / / .~ r~ ~~ & ~ RE: Haldorson Sand and Gravel Mine, M-200/3-037; Preliminary Adequacy Response~~j~~ Mr. Means: We are in receipt of your Adequacy Review letter, dated June 23, 2003. Your concerns have been addressed below in the same order outlined in your letter. A response to the issues detailed in the Pre-Hearing Order will follow under separate cover. Attached you will find originals and copies of the maps that have been signed by Mr. Paul T. Banks, a Professional Geologist as defined by Colorado Statute, and a principal of Banks and Gesso, LLC. 2. The CJN Lateral has been added to the structure list in Exhibit S and has been clearly identified on the Map C-1. Please see the revised Exhibit S and Map C-1 for these corrections. 3. (a) OSE Concern #1. "The proposed operation does not anticipate exposing groundwater. Therefore, exposure of groundwater must not occur." The Applicant commits to not exposing groundwater on the site. If groundwater is accidentally uncovered during the course of mining, two feet of material will be placed over the exposed water until such time that a Temporary Substitute Supply Plan (TSSP) can be obtained from the Office of the State Engineer (OSE), Water Resources Division. (b) OSE Concern #2. OSE requests evidence that the proposed project will not alter or impact the historic operation of existing water rights. (i) The Applicant will comply with the requirements of the Uncompaghre Valley Water Users Association in the exercise of their water rights. Ther are no other surface water rights affected by the applicant's proposed use. (ii) As stated above, the Applicant does not intend to expose groundwater in its operations. It is recognized that operations below the water table which intercept groundwater are "wells" which are subject to administration in accordance with the Colorado Groundwater Management Act, C.R.S> 37-90-101, et seq. Should this occur, the Applicant will cease operations until such time as a well permit is obtained.