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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1373 Sherman St., Room 215 <br />Denver, Colorado 80203 C O L O R A D O <br />Phone: (303) 866-3567 DIVISION o r <br />RECLAMATION <br />FAX: (303) 832-8106 MIN [ N G <br /> - ~- <br /> SAFETY <br />DATE: January 30, 2007 /^ Bill Owens <br /> Governor <br />TO: Erica Crosb <br />y Russell George <br />Executive Director <br /> Ronald W. Cottony <br />FROM: Allen Sorenson Division Director <br /> Natural Resource Trustee <br />RE: Second Geotechnical Adequacy Review, Colorado Marble, L.L.C., L ily Mines, <br />Conversion Application CN-Ol, Permit No. M-1987-028 ~/ <br />r/ <br />The Division of Reclamation, Mining, and Safety (DBMS) engineering staff have reviewed the following <br />documents: <br />Letter dated October 12, 2006 from the Operator's representative Azurite, Inc. to DBMS with the <br />subject line "Response to Geotechnical Adequacy Review June 1, 2006" <br />Revised permit conversion application for the Lily Mines received at DBMS on December 12, <br />2006. <br />Based on the review, DBMS has determined that the following geotechnical issues remain to be resolved <br />prior to approval of the application. <br />1. The Operator commits to maintain a ground configuration that will route any overtopping flows <br />from the lower pit to Taylor Gulch on bedrock (item 2.a.iv in the October 12, 20061etter). This is <br />an important permit condition that should be checked each time that DBMS inspects this operation. <br />If the Operator determines that routing these potential flows on bedrock is not feasible at any point <br />in the life of the quarry, they must file a technical revision with a design for a channel that will <br />non-erosively pass the 100-year flows from the lower pit to Taylor Gulch. <br />2. The Operator is proposing the option for installation of a sediment pond at the southeast corner of <br />the affected land. The pond will be 100 feet x 100 feet and no deeper than eight feet. What are not <br />clear in the Operator's application, is what the storage capacity of the pond will be, whether the <br />pond will be impounded by an embankment or will be incised or a combination of both, and <br />whether or not any overtopping flows from the lower pit would be intercepted by the sediment <br />pond. These issues must be clarified before the DBMS can evaluate the proposed pond option. <br />3. The Operator states that routing of upgradient water into the lower pit is a longstanding practice. <br />As a result, any Clean Water Act liability that this practice may create, as discussed in the DBMS <br />memo dated June 1, 2006, has already occurred, rendering this issue moot. <br />4. The current lower pit configuration provides storm water storage capacity of approximately I O <br />acre-feet. As mining progresses, the Operator will expand this capacity to 35 acre-feet. In the <br />interim, the Operator estimates that the 10 acre-foot capacity is about half of the volume that would <br />report to the lower pit after a 10-year, 24-hour storm. The Operator has observed that water <br />entering the lower pit rapidly infiltrates, and reasons that rapid infiltration would eliminate or <br />diminish spilling from the pit during a 10 year event, and also states that rapid infiltration assures <br />Office of Office of <br />Mined Land Reclamation Active and Inactive Mines <br />