Laserfiche WebLink
COLORADO <br />Division of Reclamation, <br />Mining and Safety <br />Department of Natural RatccuCeS <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />February 20, 2018 <br />Diana Aungst <br />Department of Planning Services <br />1555 North 17" Ave <br />Greeley, Colorado 80631 <br />RE: Denver Water, Lupton Lakes, Permit M-2004-078, DRMS Response to Comment Regarding Notice of <br />Pending Acreage Release AR02 (Unmined areas) <br />Dear Ms. Aungst, <br />The Division of Reclamation, Mining and Safety (Division) received your comment letter regarding the acreage <br />reduction request for two unaffected areas of the Lupton Lakes permit on February 12, 2018. The letter was <br />forwarded to the Operator via e-mail. <br />In the letter, Weld County informs DRMS that the operator is required to submit a FEMA approved Letter of <br />Map Revision (LOMR) prior to the partial release and/or vacation of the DRMS permit. The Division requires <br />every Operator to whom a permit is issued to perform the reclamation prescribed by the Reclamation Plan. In <br />accordance with Rule 4.17.2(5) of the Mineral Rules and Regulations of the Colorado Mined Land Reclamation <br />Board for the Extraction of Construction Materials, if the Division finds a Permittee has successfully complied <br />with the requirements of the Act, Rule and Regulations, and the approved Reclamation Plan, the Office shall <br />release all applicable performance and financial warranties. In this instance, the partial release requested was <br />for two small areas that were never impacted by mining activity, therefore no additional reclamation was <br />required. One area is now occupied by a drilling supply company, and the other remains an agricultural field. <br />Pursuant to C.R.S. 34-32.5-104, the Division is responsible for the enforcement of Reclamation Permits only and <br />has no authority or duty to enforce other local, state, or federal agency permits unless otherwise authorized by <br />law. The release of the performance and financial warranties by the Division to the Operator does not preclude <br />the Operator from complying with other local, state, or federal agency regulations. The Division cannot place a <br />condition on the Reclamation Permit requiring a FEMA approved LOMR prior to an acreage reduction at the site. <br />If Weld County regulations require the Operator to obtain a LOMR, then the County must enforce this <br />requirement. <br />Please contact me at (303) 866.3567 Ext. 8140 with any questions. <br />Sincerely, <br />Eric Scott <br />Environmental Protection Specialist <br />�� pF Cp2�� <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http.//rnlining.state.co.us <br />John W. Hickenlooper, Governor I Robert W. Randall, Executive Director I Virginia Brannon, Director *^ <br />+r <br />* 1876 <br />