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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman S[., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />March 4, 2003 <br />Mr. Hazold Elam <br />Elam Construction, Inc. <br />1225 ~South~ 7th Street <br />Grand Junction, CO 81501 <br />RE: Elam Construction, Inc., Application No. M-2002-119 <br />Fetcher/Vale Pit; Adequacy Review #2 <br />Dear Mr. Elam, <br />DIVISION O F <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MI NIN G•SAFE7Y <br />Rin ovens <br />Governor <br />Greg E. Wakher <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />The Division received your adequacy responses for the Fetcher/Vale Gravel Pit Application, Permit <br />No. M-2002-119. The Division has some additional concerns that need to be addressed prior to <br />approval of the application. <br />1. As required by Rule 1.6.2 (1)(g), please submit the proof of publication of the public notice <br />circulated in the local newspaper, all owners of record of surface lands, easement holdei-s, and <br />owners of record of surface lands that are within 200 feet of the boundary of the affected land. <br />Proof of notice may be return receipts of a Certified Mailing or by proof of personal service. <br />Rule 6.4.4 Exhibit D-Mining Plan <br />2. The Division has additional questions regarding the 100 year 24 hour sediment trap proposed at <br />the mine site. <br />Upon further review of the sediment trap, it appears that an application for ati erosion control <br />dam must be approved by the Division of Water Resource, Office of State Engineer, In <br />addition, if the erosion control reservoir is constructed with a capacity in excess of two acre- <br />feet, an ungated twelve inch diameter outlet pip must be installed to allow for draining within <br />a thirty-six hour period any amount of water in excess of two acre feet. A copy of the <br />requirements from the Division of Water Resources web page and application form is <br />included for reference. <br />• Please inform the Division if filter fabric will be used, and describe how the embankment <br />will be compacted to meet the required safety factor for the detention structure. <br />• Deposited sediment should be inspected and/or removed from behind the detention structure <br />after major storms or when 1/3 of the pond volume has been filled with sediment. Please <br />commit to this maintenance practice. <br />3. The applicant states that a 12' buffer will be maintained from the edge of the stockpile to the top <br />of the mining cut. If the pit is mined to a depth of 60 feet at a O.Sh:l v slope, the topsoil pile may <br />become unstable and slope failure may occur. The Division does not believe a 12' buffer <br />distance is adequate due to the depth and slope of the pit. The operator has the following options: <br />