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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Rewurces <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />April 12, 2006 <br />James L. and Diana K. Watson <br />P.O. Box 383 <br />C~-~ /~ ~ ~ <br />Meeker, Colorado 81641 / / <br />Re: Russel! Ranch Pit,/IIOc Application No. M-21706-0%8, Objection Letter Re ponse. . <br />Dear Mr. And Mrs. Watson: <br />COLORADO <br />DIVISION O F <br />MINERALS <br />GEOLOGY <br />0.ECLANATION•NINING <br />SAf ETT•SCIENCE <br />Bill Owens <br />Governor <br />Russell George <br />Executive DireROr <br />Ronald W. Czttany <br />Division Director <br />Natural Resource Trustee <br />The Division of Minerals and Geology has received your comments on the above referenced 1 l Oc <br />application. Those comments are considered an objection to the permit application. As noted in the <br />Division's response to the comments, staff is forwarding the following applicant responses to you that <br />were answered as part of the Adequacy Review. <br />1) The use of berms to stockpile topsoil and overburden require adequate measures of protection <br />from wind and precipitation erosion. Staff during the normal review of the application did <br />request more information as to the nature of berms noted on the Mining Map. The applicant's <br />response to the Preliminary Adequacy Review clarified the separation of overburden materials <br />and topsoil. The applicant will use the approved seed mix on the berms if left in place for more <br />than one growing season. <br />2) The permit boundaries were adjusted to take in the upgrade of the haul road. A re-notice was <br />required by Rule. This adjustment meant that at the entrance to the site from the county road two <br />property owners had to be noticed. The applicant has provided staff with proof of mailing to <br />these two parties. The pit itself is more than 200 feet from any property line within property <br />solely owned by Russell Ranches. By Rule :L6.2(e)(ii) the applicant is not required to identify <br />landowners or structures beyond the 200 feet.. New maps identify the property owners within <br />200 feet of the permit boundaries. <br />3) The issue of a subdivision exemption is not within the jurisdiction of the Division of Minerals <br />and Geology. <br />4) Staff raised questions concerning the use of water and it's source as part of the normal review. <br />The Office of State Engineer has been noticed and replied with no issues pertaining to <br />groundwater exposure. The applicant has consulted the local water jurisdiction and is aware of <br />the use requirements for irrigation water from the ditch. If the water source is not approved for <br />commercial /industrial, the applicant will be required to use an approved source. Issues <br />regarding the use of water should be addressf;d to the OSE. <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />