REV91644

• Permit No: M1985218
• IBM Index Class Name: Revision
• Doc Date: 7/9/1996
• Doc Name: RICH PIT PN M-85-218 SECOND ADEQUACY LETTER AMENDMENT APPLICATION
• From: DMG
• To: LLOYD BARNHART
• Type & Sequence: AM1
• Media Type: D
• Archive: No

• • iiiiiiiiiiiuiiiiii

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Depanmenl of Natural Resources
131 3 Sherman SI., Room 215 `
Denver, Colorado 80203 II~
t
l
Phone: [phone] l
FAx: [phone]
DEPARTMENT OF
NATURAL
July 9, 1996 RESOURCES
Roy Romer
Mr. Lloyd V. "Buck" Barnhart eOVernor
212 West 13th Street lames 5. Lochhead
Execmive Director
Pueblo, Colorado 81003 m¢hael s. L°ng
Division Ovedor
Re: Second Adequacy Letter, Amendment Application
Rich Pit, Permit No. 114-85-218
Dear Mr. Barnhart:
The Division received and reviewed your response to the June 5, 1996, adequacy letter. Except
for two items, your response adequately addressed all of the Division's concerns.
The water rights issues still need to be addressed. Now that the Division understands the water
purchase procedure, it will be much easier to resolve the problem (without having to backfill the
excavated pits). As you presented, the applicant purchases a supply of raw water from the Board
of Water Works of Pueblo to offset consumptive uses (evaporation, etc.) of the excavated pits.
This water purchase occurs every year and will continue until the applicant receives approval from
the State Engineer and the Water Court for a well permit and an augmentation plan. As previously
mentioned in the first adequacy letter, if the permit is revoked, for whatever reason, the Division
would be required to complete the approved reclamation plan, which includes leaving a water
impoundment (pond). However, since the Division does not have access to any water rights, [he
pits will have to be backfilled to above groundwater level.
Mr. Bruce Humphries, Program Supervisor, suggested an alternative solution. If the applicant can
provide a document that will allow the Division to purchase raw water under the applicant's lease
agreement for a period of five (5) years after permit revocation and the applicant provides
sufficient funds to purchase the raw water for five (5) years (financial warranty bond) and the
applicant agrees that the funds can he withdrawn fl•om the bond for the stated purpose, then the
pit(s) would not have to be backfilled, and the applicant would not have to bond for backfilling
operations. Once the water rights issues are resolved, the applicant can request a reduction of the
bond.
The other concern of the Division is the projected disturbed acl'eage. Exhibit D describes the
amount of acreage as 31.1 acres of active excavation anil no more than 30 acres of active
disturbance for the plant site, stockpile area, and roads. Exhibit L states that the net acreage to be
reclaimed is 240.9 acres. Other than tl3e 61.1 acres, this amendment application does not describe
the type of disturbance that will occur ilt the balance of the 240.9 acres. Unless the applicant can
submit specific information as to the type of disturbance (e.g., excavated pit, stockpile area, etc.),