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- • • iii iiiiiiiiiiiiiiii <br />999 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depadmenl of Natural Resources <br />131 }Sherman St., Room 215 ~rr~~ <br />Denver, Colorado 80203 II <br />Phone: 1303) 866 3567 <br />FA%:1303183?-8106 <br />DEPARTMENT OF <br />Janua 27, 1997 Nt~TURAL <br />~r RESOURCES <br />Edward J <br />Tezak <br />Jr Ror Romer <br />. <br />, <br />. <br />Tezak Heavy Equipment Company, Inc. Governor <br /> <br />201 Tunnel Drive lames S. Lochhead <br />Executive Director <br />Canon City, CO 81212 Michaels Long <br /> Division Director <br />RE: T.H.E. Aggregate Source -Amendment Application -Outstanding Adequacy <br />Concerns Permit No. M-77-193 <br />Dear Mr. Tezak: <br />On January 14, 1997 Mr. Ken HIco met with me, Jim Dillie, and Bruce Humphries of the <br />Division to discuss outstanding adequacy issues for your proposed amendment; application. <br />To date, there remain 11 outstanding issues. The Division has requested a n~sponse from <br />T.H.E., Inc. by 5:00 P.M. January 31, 1997 in anticipation of a February 7, 7.997 decision <br />date. As was summarized in the meeting, we still expect a response by Janu;sry 31, 1997; <br />however, the February 7, 1997 decision date will be extended at least 20 days. <br />Since more than 120 days will have lapsed if the decision date is extended we suggest that <br />you waive your right to a decision within 120 days. Please send your waiver in writing. <br />Listed below are the outstanding adequacy concerns as discussed during the January 14, <br />1997 meeting with Mr. HIco. For your convenience, they are listed according to the same <br />number used in my orieinal adeauacv letter dated November 8. 1996. <br />2. The Division will require evidence of a properly executed agreement between <br />Tezak Heavy Equipment Company, Inc. and the City of Canon C1.ty regarding <br />compensation for damages to the two (2) existing water lines that will be <br />covered by the proposed new haul road. Please refer to Rule 6.3.12 for specific <br />language that should be incorporated into the agreement. The information <br />submitted on December 23, 1996 at the informal conference is helpful but is <br />not adequate to demonstrate compliance with Rule 6.3.12. <br />3. The operator will need to supply an agreement which demonstrates compliance <br />with Rule 6.3.12 for the maintenance shop and office building which are <br />depicted on Exhibit C as being outside of the permit area but wi~;hin 200 feet <br />of the affected land boundary. <br />5. In order to demonstrate compliance with Rule 6.5 (Geotechnical Stability <br />Exhibit) the Division requests that T.H.E., Inc. supply a stability analysis of <br />the reclaimed highwall that demonstrates an adequate factor of safety for the <br />post-mining land uses, rangeland and wildlife habitat. <br />The engineering designs for the proposed haul road received on Lecember 18, <br />1996 do not adequately demonstrate how stormwater runoff along the haul <br />road corridor will be managed. Please provide cross sectional designs for <br />