2011-04-28_PERMIT FILE - M2010049

• Permit No: M2010049
• IBM Index Class Name: PERMIT FILE
• Doc Date: 4/28/2011
• Doc Name: Public Comments
• From: DRMS
• To: Weld County
• Email Name: MAC
• Email Name: AJW
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
April 28, 2011
COLORADO
D IV IS ION OF
RECLAMATION
MINING
SAFETY
John W. Hickenlooper
Governor
Mike King
Clay Kimmi Executive Director
Weld County Public Works Loretta E. Pineda
1111 H Street, P.O. Box 758 Director
Greeley, CO 80632
RE: Western Sugar Reclamation Land Development Project; DRMS File No. M-2010-049;
Public Comments
Dear Mr. Kimmi,
The Division of Reclamation, Mining and Safety (Division) received your letter in regard to the
above referenced mine site. You have requested that a condition be added to the Reclamation
Permit requiring a Federal Emergency Management Agency (FEMA) approved Letter of Map
Revision (LOMR) prior to a full performance and financial warranty release of the site. The
Division requires every Operator to whom a permit is issued to perform the reclamation
prescribed by the Reclamation Plan. In accordance with Rule 4.17.2(5) of the Mineral Rules and
Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction
Materials, if the Division finds a Permittee has successfully complied with the requirements of
the Act, Rule and Regulations, and the approved Reclamation Plan, the Office shall release all
applicable performance and financial warranties.
As required by C.R.S. 34-32.5-116(4)(h), the Applicant must demonstrate that disturbances to
the prevailing hydrologic balance of the affected land and of the surrounding area and to the
quality and quantity of water in surface and groundwater systems, both during and after the
mining operation and during reclamation, shall be minimized. In order to comply with the Act,
the Applicant will have to submit a flood impact analysis since the site is located within the
floodplain of the Cache la Poudre River.
Pursuant to C.R.S. 34-32.5-104, the Division is responsible for the enforcement of Reclamation
Permits only and has no authority or duty to enforce other local, state, or federal agency permits
unless otherwise authorized by law. The release of the performance or financial warranties by the
Division to the Operator does not preclude the Operator from complying with other local, state,
or federal agency regulations. The Division cannot place a condition on the Reclamation Permit
requiring a FEMA approved LOMR prior to a full performance and financial warranty release of
the site. If Weld County regulations require the Operator to obtain a LOMR, then the County
must enforce this requirement.
r
Office of
Mined Land Reclamation
Denver • Grand Junction • Durango
Active and Inactive Mines