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Thanks again, <br /> Branden <br /> From: Comaniciu - DNR, loana [mailto:ioana.comaniciu@state.co.us] <br /> Sent: Monday,June 27, 2016 11:39 AM <br /> To: Branden Effland <branden.effland@deereault.com> <br /> Cc: Ben Frei (BFrei@albertfreiandsons.com)<BFrei@albertfreiandsons.com> <br /> Subject: Re: Worthing Pit M1977-526- Post 80 Backfill Documentation <br /> Good Morning Branden, <br /> Thank you for your letter of June 23, 2016 regarding the backfilling of the post-80 water surface <br /> area at the Worthing Pit (M1977-526). The last SWSP for the Worthing Pit site was approved for <br /> the period of January 1, 2016 through December 31, 2016. According to that SWSP approval if the <br /> backfilled occurred by May 31, 2015 there were no lagged depletions that will occur after <br /> December 31, 2015 and no future SWSP will be needed. Your letter of June 23, 2016 indicates that <br /> the remaining 0.73 acres of post-80 water surface area identified in the last SWSP approval were <br /> backfilled prior to May 31, 2015 and therefore no lagged depletions occurred after December 31, <br /> 2015. Based on this office review of the June 23, 2016 letter, we agree that there are no longer <br /> lagged depletions from prior mining activities at the Worthing Pit site that need to be replaced <br /> under an SWSP by the operator. In addition you have demonstrated that the only remaining <br /> exposed water surface area at the site is less than the 28 acres that was determined to be pre-81 <br /> expose surface area and therefore exempt from evaporative replacement requirements. However <br /> note, that the pre-81 credit is tied to this physical location based on the June 4, 1980 aerial <br /> photograph of the site and may not be reallocated to other areas within, or outside of, the mining <br /> boundary. <br /> Please let me know if you have questions. <br /> Sincerely, <br /> loana Comaniciu, P.E. <br /> Water Resources Engineer <br /> 2 <br />