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- -a- - -- - email: david.birdlw.state.co.us http: / /mining.state.Co.us/ From: Rob Laird [ mailto :RobL @asphaltspecialties.com] Sent: Monday, February 15, 2010 12:40 PM To: Bird, David Cc: Dan Hunt; Mark Johnson Subject: RE: AM -04 approval David: I have been busy on other projects and have found time to address your question now. The Board Order states that "' a long -term corrective action plan be' implemented within a time frame that is reasonable ". The long -term plan must also be approved by the Division. With the wording approved by the Division for a solution to convey responsibility for maintenance of the drain in perpetuity (should that be required) to all future landowners and the subsequent approval by the Division of this language and the reclamation plan for Amendment #4, the "long -term corrective action plan" is approved. As for when the French drain is to be installed, we cannot commit to a date at this time. We have yet to go through Adams County and State Health on approval to backfill the site. That may take 4 months or it may take a year. I am not sure. There is no guarantee that the application will be approved at all. In the meantime, the temporary drain is still functioning exactly as it was when it was first installed last summer and the flow has not diminished. We will maintain the integrity of the temp drain to maintain lower groundwater levels in the area. The temporary drain may have to be the "long -term corrective action" as far as I know. We will have to cross that bridge with DRMS after we get through Adams County. If we were to get approval from the county for backfilling, our best guess is that it will take something less than 10 years to complete the backfilling. There is <1.0 million cubic yards to fill. Hope this helps. Let me know if you have any further questions. Thanks. Rob From: Bird, David [maiIto:David.Bird @state.co.us] Sent: Wednesday, February 10, 2010 10:39 AM To: Rob Laird Cc: Waldron, Tony Subject: RE: AM -04 approval Rob The Board Order states that the French Drain must be completed within "a reasonable time." I'm not sure what that means, but Tony and I have discussed this and we believe we should move forward on it and not have it be the last item of reclamation performed at Speer, then WE might have to answer to the Board as to why we let ASCI delay the installation of the drain. This may be in a document you have already submitted, and I apologize if that is the case, but what is your best guess as to when ASCI will be completed with the backfilling of the pit? Thanks, David Bird Division of Reclamation, Mining 8v Safety Department of Natural Resources 1313 Sherman Street, Rm 215 2/18/2010