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• • III IIIIIIIIIIIIIIIII <br />999 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Deparlmenl of Nalu ral Resources <br />1313 Sherman SI , Koom 215 ~IJ~~~ <br />Denver, Colorado R02n1 I <br />Phone. (3031 Rb(. 1567 <br />FAX: 13031 872 ~H 106 <br />DEPARTMENT OF <br />April 28, 1997 NATURAL <br />RESOURCE <br />Ed Ward J. Tezak, Jr. RoYRomer <br />Tezak Heavy Equipment Company, Inc. governor <br />201 Tunnel Drive lames S. Lochhead <br />E xecmive Dueclnr <br />Canon City, CO 81212 Michael B Long <br />Division Director <br />RE: T.H.E. Aggregate Source -Amendment Application Fifth Adequacy Review, Permit No. M- <br />77-326 <br />Dear Mr. Tezak: <br />The Division has reviewed your fourth adequacy response submitted April I, 1997 and concludes that your <br />proposed plan of amending a 6 inch cover of subsoil with sewage sludge over 44 acres i~; unacceptable <br />a[ [his time. As you are aware the Division is required to make a decision on your amendment application <br />by April 30. 1997. A[ present, the options available to us are to approve [he application with the condition <br />[hat T.H.E., Inc will supply a reclamation bond in [he amount of $603,721, deny the amendment <br />application, or postpone the decision at your request in order to resolve the plant growth medium <br />concern. <br />Your amendment application states "plans for topsoiling will include the final pit floor configuration at <br />a depth of between 12"-18" and "Topsoiling will be performed beginning no earlier than 2030...". The <br />Division's concern with the topsoil issue is [hat an adequate volume of suitable plant growth material be <br />available at the quarry both now to reclaim [he existing disturbance, ie: address an unfunded reclamation <br />liability, and at the end of the mining phase, approximately 2030, to successfully achieve apost-mining <br />land use of rangeland. <br />Therefore, we request your response to this issue by 5:00 P.M. April 29, 1997 in order that sve may make <br />an appropriate decision on your amendment application. <br />Sincerely, <br />Thomas A. Schreiner / <br />Environmental Protection Specialist <br />cc: Ken Klco, Azurite <br />Jim Stevens, DMG <br />Bruce Humphries, DMG <br />M:1osr\TeraA II <br />