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i1'"`7"'~ ~"/'vl <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866.3567 <br />FAX: (303) 832.8106 <br />November 2, 2005 <br />COLORADO <br />D I V I S I O N O F <br />MINERALS <br />GEOLOGY <br />RECFANATION•NININO <br />FAFETY•FCIFNCE <br />Bill Owens <br />Gavemor <br />Mr. Eric Reckentine / E.~~,li, ~ o error <br />Lafazge West, Inc, / Ronald W. canary <br />10170 Church Ranch Way, Suite 200 Division oirector <br />Natural Resource Trustee <br />Westminster, CO 80021 <br />RE: Lafarge West, Inc., File No. M-2000-016 <br />Riverbend Operation 112(c) Amendment Application (AM-Ol) -Adequacy Review #8 <br />Dear Mr. Reckentine: <br />Listed below is an adequacy review comment for the Riverbend Operation 112 (c) Amendment (AM-Ol) <br />Application, File No. M-2000-016. The Division of Minerals and Geology ("Division") is required to <br />make a recommendation decision no later than November 4, 2005, therefore, your response to the <br />following adequacy review concern should be submitted to the Division as soon as possible. <br />Rule 6.4.7 Exhibit G -Water Information <br />The Division of Minerals and Geology has consulted with a representaSive_of the Attorney General's <br />Office regazding the language contained under the 5th bullet of the "Wells" section of attachment A <br />to the 6`s Adequacy Review Responses. This section states, in part, "Lafarge has no responsibility to <br />provide mitigation for wells that are constructed after the permit is approved. The response from our <br />attorney states, "Under 34-32.5-116(4)(h), C.R.S., an operator must "minimize" "disturbances to the <br />prevailing hydrologic balance of the affected land and the surrounding azea and to the quantity and <br />quality of surface and groundwater systems, both during and after the mining operation and during <br />reclamation." Nothing in this statutory obligation of operators states that there is an exception to this <br />requirement for wells drilled neaz already approved permits or amendments to permits. The <br />operator's obligations extend both during and after mining operations and during reclamation for <br />potential disturbances to groundwater in the affected area and surrounding areas. Therefore, Lafazge <br />West has an obligation to assess impacts of its mining operation to any wells in the area, including <br />those drilled after Lafazge obtains its permit and any amendments to it " Therefore the Division <br />cannot accept Lafarge's statement that it has no obligation to protect and/or mitigate wells that aze <br />installed in the azea of the project after the permit is issued. Please address this issue. <br />Please be advised that the Lafarge West, Inc.112(c) Amendment (AM-Ol) Application may be deemed <br />inadequate, and the application may be recommended for denial on November 4, 2005 unless the above <br />mentioned adequacy review item is addressed to the satisfaction of the Division. Responses to this <br />Office of <br />Land Recl~ <br />Office of <br />ARive and Inactive Mines <br />Colorado <br />Geological Survey <br />