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_ <br />I PF <br />TRNLWB, LLC <br />March 20, 2014 <br />Mr. Peter Hays <br />Division of Reclamation, Mining and Safety <br />State of Colorado <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />RE: Inspection Report Response — <br />Permit Number: M- 1988 -108 _ <br />Trinity ESC – Boulder, CO <br />Dear Mr. Hays: <br />RECEIVED <br />MNR 2 5 7014 <br />DIVISION OF ^ErLAMATION <br />MINING pN0 SAFETY <br />TRNLWB, LLC has received the Colorado Division of Reclamation, Mining and Safety <br />(Division) Inspection Report dated November 21, 2013. The inspection identified three items of <br />interest for which TRNLB has addressed. One item of interest (Signs & Markers) was addressed <br />in January and the documentation that the issue had been resolved was submitted to the Division <br />on January 19, 2014. The two remaining items are presented below (in bold), along with <br />TRNLWB's responses in italics. <br />Availability of Records – The Operator stated they were not aware of the 2004 amendment <br />and the associated acreage increase during the inspection. The Operator considers the <br />permit boundary to be the original mine site located west of the Hwy 93 minus the acreage <br />released for the walking trail easement. <br />Upon review a detailed review of the files, TRNLWB concurs that the current permitted acreage <br />of the Western Aggregates mine is 181.21 acres. TRNLWB may request in a subsequent <br />correspondence to remove the 75 acre tract from the permit in the future. <br />Hydrologic Balance – The Operator stated stormwater captured in the pit was used for <br />material processing. The Division does not have evidence this use of stormwater is allowed <br />by the Office of the State Engineer (SEO). This is a problem related to 34- 32.5- 116(4)(h) of <br />the Colorado Revised Statutes and 3.1.6(1)(a) of the Construction Materials Rules and <br />Regulations governing injury to eh existing water rights. <br />TRNLWS purchases the surface water under an agreement with the landowners that own two <br />surface water rights. The Case Numbers for these surface water rights are 81 CW -074, <br />04CW0243 and 87CW0297. These rights allow for a total volume of up to 366 acre ft /year. <br />1112 EAST COPELAND ROAD. STL 500 ARLINGTON, TEXAS 76011 <br />(817) 635 -8522 • DIATTHEW.IIALLMARK. c,TRIN.NET <br />