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February 3, 2016 <br />COLORADO <br />Division of Reclamation, <br />Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Elizabeth Anderson <br />City of Loveland <br />500 East Third Street <br />Loveland, CO 80537 <br />RE: Brownwood Pit; DRMS File No. M-1979-059; Consideration of Comments (AM -03) <br />Dear Ms. Anderson, <br />The Division of Reclamation, Mining and Safety (Division) is in receipt of your correspondence dated <br />January 28, 2016 in regards to the Amendment Application (AM03) which is currently under review for <br />the Brownwood Pit. The City of Loveland has requested verification that the Brownwood Pit operation <br />must be in full compliance with the Colorado Division of Water Resources (DWR) prior to release of <br />reclamation responsibility by the Division. Specifically, the City of Loveland wants to ensure the clay <br />lined pond on the Pfeiff property (2538 E. 1st Street) meets the requirements of DWR, including obtaining <br />a court approved water augmentation plan if necessary. <br />Pursuant to Construction Materials Rule 4.17.2, upon receipt of a notice of completion of reclamation <br />from the Operator, the Division will provide notice to all owners of record of the affected land. In <br />addition, the Division will notice DWR where there is exposed groundwater or a sealed reservoir at a <br />mine site. The Division ensures through a permit file review and an on-site inspection that the applicable <br />requirements of the Act, Rules and Regulations, or the approved reclamation plan have been complied <br />with. Where there is an overlap of regulatory jurisdiction on a mine site, the Division relies on the other <br />agencies to confirm that an Operator is in compliance with their specific requirements. If an Operator is <br />not in compliance with the Division or if the Division receives notification of non-compliance from <br />another agency, then the request for release from reclamation liability will be denied. <br />If you have any questions, you may contact me at (303) 866-3567 x8116. <br />Sincerely, <br />Michael A. CTunningham <br />Environmental Protection Specialist <br />CC: Wally Erickson, DRMS <br />Brian Hayes, City of Loveland <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. Hickenlooper, Governor 1 Mike King, Executive Director 1 Virginia Brannon, Director <br />