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Connie Davis <br />Aggregate Industries — WCR, Inc. <br />Page 2 <br />July 24, 2015 <br />approved reclamation plan and fails to demonstrate compliance with Rule 3.1.6(1)(a). Clearly, the <br />changes in the permit proposed through TR -05 will have more than a minor effect on the approved <br />reclamation plan and as such, exceeds the scope of the technical revision process. <br />The proposed permanent plan acknowledges an increase in groundwater elevations for lands located <br />immediately up gradient of the slurry wall, and intends to alleviate flood potential to these lands. The <br />proposed permanent plan intends to influence lands located beyond the approved boundary of affected <br />lands. Thus, the owners of record of the affected lands, adjacent lands, and/or nearby structures must be <br />noticed of the change. Additionally, the permanent plan extends into the jurisdiction of other agencies <br />and these agencies must also be noticed of the change. The amendment process will ensure proper <br />notice is provided to involved agencies and owners of record. The amendment process will ensure a <br />public comment period whereby agencies, owners of record and the public are afforded opportunity to <br />submit timely comment for the Division's consideration. <br />Therefore, pursuant to Rules 1.1(6) and 1.1(49), the permanent mitigation plan is beyond the scope of <br />the technical revision process and the Division has denied TR -05. As noted above, the Board Order <br />deadline for filing the permanent plan with the Division has recently passed. Therefore, the Operator is <br />strongly encouraged to immediately file the permanent plan for Division review through the amendment <br />process. <br />If you need additional information please contact me at the Division of Reclamation, Mining and Safety, <br />1313 Sherman St., Room 215, Denver, CO 80203, by telephone at 303-866-3567, extension 8131, or by <br />email at Tyler.ODonnell(d�state.co.us. <br />Sincerely, <br />Tyler O'Donnell <br />Environmental Protection Specialist <br />CERTIFIED MAIL NO. 7014 0150 0000 9138 7515 <br />Return Receipt Requested <br />Enclosure: Reclamation Permit Amendment Application Form <br />cc: Wally Erickson, DRMS <br />