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DNR RCO I August 18, 2015 COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources 1313 Sherman Street, Room 215 Denver, Colorado 80203 McAtee Construction Company Darren Gebhart P.O. Box 1908 Sterling, CO 80751 RE: McAtee Construction Company, Riverside Pit, File No. M-1976-056, Technical Revision Adequacy Review TR -04 Darren Gebhart, On July 24, 2015, the Division received Technical Revision No. 4 (TR -04) to the Reclamation Plan addressing flood damage resulting from the September 2013 flood event. Pursuant to Rule 1.9.1, the Division has set the decision date for TR -04 at August 24, 2015. Please be advised that on August 24, 2015, the application for TR -04 may be deemed inadequate and may be denied unless the following adequacy items are addressed to the Division's satisfaction. Subsequent to receipt and review of the Operator's response to these items the Division may identify additional items. The approved Reclamation Plan and post mining land -use for the area proposed to be revised through the submitted Technical Revision is for a lake known as Lake Robert. Revising this plan to develop the Lake Robert area as a channel, receiving constant flow from the Lowline Ditch return channel, rather than a lake is considered a major change to the Reclamation Plan and would need to be submitted as an Amendment to the permit rather than a Technical Revision. That being said the Division could handle a minor change such as a designed inlet and outlet of Lake Robert to handle flood -stage flows through the Technical Revision process. If the Operator intends on the revising the Reclamation Plan to allow for flood -water flows to pass through the Lake Robert area, the Division will require a designed structure to adequately accommodate flows and to protect the shoreline at the inlet and outlet of the lake. Please submit designs for these structures for review and approval. 2. Throughout the Technical Revision, the channel that has entered into the site is referred to as the South Platte River or the new river channel. Until the Operator can demonstrate that the channel entering the Lake Robert area is the South Platte River, please refer to this as the Lowline Ditch return channel. If the pit captured the South Platte River in September 2013, and the Operator has not yet returned the river to its natural channel, the Division may pursue enforcement actions involving a violation for failure to minimize the disturbance to the prevailing hydrologic balance in accordance with C.R.S. 34-32.5-116(4)(h). 3. The Reclamation Plan Map submitted with the Technical Revision application did not display the signature of the registered land surveyor, professional engineer, or other qualified person who prepared the map; did not label the permit boundary; did not display a scale; and thereby failed to satisfy the requirements of Rules 6.2.1(2)(b), (d) and (e). The contour lines on the map were not legible and did not illustrate the physical appearance of the reclaimed lands, and thereby failed to satisfy the requirements of Rule 6.4.6(a). °F C°to 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us I �� John W. Hickenlooper, Governor I Mike King, Executive Director I Virginia Brannon, Director \'1876