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COLORADO <br />Division of Reclamation, <br />Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />November 21, 2014 <br />Eric Fenster <br />120 85 LLC <br />10925 East 120th Avenue <br />Henderson, CO 80640 <br />Re: 120th Estates Partners, DRMS Permit No. M- 2001 -085, <br />Technical Revision, TR -07, <br />Preliminary adequacy review <br />Dear Mr. Fenster: <br />The Division of Reclamation, Mining and Safety (DRMS), has completed a preliminary review of <br />Technical Revision number 7 (TR -07), and has the following comments and questions: <br />1) To clarify DRMS believes the Operator made the commitment to leave the stockpile of dirt and <br />topsoil on site for use in reclamation. DRMS believes this commitment was made in the June <br />26, 2013 adequacy review letter response. <br />2) Please provide an estimated average depth of the remaining exposed groundwater pond. <br />3) Please provide DRMS with enough information to reevaluate the current financial warranty. <br />Please provide the following: <br />a. An estimate of the volume of inert fill needed to fill in the exposed groundwater pond to <br />two feet above the static groundwater elevation. <br />b. Location and volume of inert fill stockpiles located on site, <br />c. Average haul distance to place inert fill into the exposed groundwater pond. <br />d. Location and volume of topsoil stockpiles, <br />e. Average haul distance to replace topsoil over the affected lands. <br />4) Please demonstrate there is adequate topsoil on site to meet the reclamation requirements to <br />spread 6 inches of topsoil over the affected lands. <br />5) DRMS approved AM -06 with the understanding that the Operator intended to import and place <br />inert fill into the exposed groundwater pond. However, during DRMS's most recent monitoring <br />inspection it appeared that the Operator was recycling concrete and asphalt at the site. If the <br />OF' co <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http: / /mining.state.co.us <br />John W. Hickentooper, Governor I Mike King, Executive Director I Virginia Brannon, Director I * �, 0' <br />1876 r <br />