2007-10-26_REVISION - M2000030

• Permit No: M2000030
• IBM Index Class Name: Revision
• Doc Date: 10/26/2007
• Doc Name: Adequacy review
• From: DRMS
• To: Matt Carnahan
• Type & Sequence: AM1
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION,
Department of Natural Resources
1313 Sherman SL, Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
Wctober 26, 2007
~tt Carnahan
15 W. Mill Street, Suite 214
Bayfield, CO 81122
COLORADO
D I V I S I O N O F
RECLAMATION
MINING
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Mining and Safety Governor

Russell George
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
RE: Elam Constmction, Inc., File No. M-7b00-030 ~/
Agri-DLD Gravel Pit 112(c) Amendment Application- Adequacy Review
Dear Mr. Carnahan,
Listed below are adequacy review comments for the Agri-DLD Gravel Pit 112(c) Amendment Application, File No. M-
2000-030. The decision date for this application is January 2, 2008. The Division of Reclamation, Mining, and Safety
(Division) is required to make a decision by January 2, 2008, therefore, your response to the following adequacy
review concerns should be submitted to the Division as soon as possible.
1. As required by Rule 1.65 (2), please submit the proof of publication of the public notice circulated in the
local newspaper and all owners of record of surface lands, and easement holders that are on the affected land
and within 200 feet of the boundary of the affected land.
Rule 6.4.5 Exhibit E -Reclamation Plan
2. The materials submitted are somewhat contradictory in nature. Section (2) (e) of the submitted material states that
it is anticipated the bulk of reclamation will occur at the cessation of mining. The last pazagraph of the submitted
materials in this exhibit states that the original permit discussed reclamation activities taking place following as
closely as possible the mining of each phase. Although it appears that the intent of the submitted materials is to
indicate that reclamation will be postponed until mining is complete, the conflicting information makes the actual
intent unclear. Please clarify the intent regarding the timing or reclamation relative to mining. The Applicant
should be aware that if reclamation activities are postponed until mining is complete, this will cause the bond
amount to be larger than if reclamation closely follows mining.
Rule 6.4.19 Exhibit S- Permanent Man-made Structures
3. This exhibit requires the applicant to submit either a notarized agreement between the owner of the structure(s) and
the applicant regarding compensation for damage to structure(s); an engineering stability exhibit; and/or a
notarized agreement on utility letterhead, in the case that the structure is related to a utility, for every permanent
man-made structure within 200 feet of the mining operation. The submitted exhibit identifies a fence and an
undergrolmd gas pipeline as the only man-made structures within 200 feet of the operation, but agreements or a
stability exhibit were not submitted. Please submit the required materials.
Please be advised that the Elam Construction, Inc. 112 (c) Amendment Application may be deemed inadequate, and the
application may be denied January 2, 2008 unless the above mentioned adequacy review items are addressed to the
satisfaction of the Division. Responses to these adequacy concerns must be received by the Division to allow adequate
time for review prior to the decision date. If you feel more time is needed to complete your reply, the Division can
grant an extension to the decision date. This will be done upon receipt of a written waiver of your right to a decision by
January 2, 2008 and request for additional time. This request must be received no later than January 2, 2008. Please be
ING AND SAFETY ~/J /}') ~(, /
Office of Office of
Mined Land Reclamation Active and Inactive Mines