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COLORADO <br /> Division of Reclamation, <br /> Mining and Safety <br /> 1313 Sherman Street, Room 215 <br /> Denver,Colorado 80203 <br /> December 14, 2018 <br /> Mr. Rob Hooke <br /> Summit Capital LLC <br /> PO Box 610 <br /> Littleton CO 80610 <br /> RE: Response to December 7,2018 Letter to DRMS regarding Permit M-1996-049,Peak Materials <br /> Maryland Creek Ranch operation <br /> Mr. Hooke, <br /> DRMS is in receipt of your December 7, 2018 letter. The Division appreciates your comments and shares your <br /> concerns regarding hydrologic impacts to the Love Pit Wetlands. Pursuant to Rule 3.1.6, disturbances to the <br /> prevailing hydrologic balance of the affected land and of the surrounding area and to the quantity or quality of <br /> water in surface and groundwater systems both during and after mining shall be minimized by compliance with <br /> applicable Colorado water laws and regulations governing injury to existing water rights. Therefore,the Division <br /> has jurisdiction over matters related to the proposed dewatering operations at the Maryland Creek Ranch, File No. <br /> M-1996-049. <br /> It has come to the Division's attention that the Operator of the Maryland Creek Ranch is in the process of <br /> renewing the Substitute Water Supply Plan(SWSP) with the Division of Water Resources(DWR). DRMS is also <br /> aware the Operator is seeking approval,through the SWSP renewal process, to dewater the existing pits to <br /> accommodate dry mining methods. As we discussed during our December 12,2018 phone call, DRMS does not <br /> directly participate in the SWSP approval process. DRMS and DWR permitting processes are conducted <br /> independently. The Maryland Creek Ranch operation is currently permitted for a wet mining dredge operation— <br /> dewatering of the pit is not allowed under the currently approved mining plan. The Division will require the <br /> submittal and approval of an amendment application to allow for dewatering of the pit and conversion to a dry <br /> mining operation. The Operator of the Maryland Creek Ranch has been notified of the permitting which will be <br /> required to modify the approved Mining Plan. <br /> DRMS has not received a permit amendment application for the Maryland Creek Ranch operation at this time. <br /> Upon receipt of an amendment application, the standard notice process will include the notification of property <br /> owners within 200 feet of the permit boundary, and publication of public notice in a local newspaper once a week <br /> for 4 consecutive weeks. In order to obtain party status to the DRMS amendment process,you would need to <br /> provide comments to the amendment during the public comment period pursuant to Rule 1.7. Additionally,you <br /> would also be required to participate in the pre-hearing conference, and the MLRB hearing for consideration of <br /> approval or denial of the amendment application to preserve party status. <br /> If you have any questions,please contact me at 303-866-3567 x8140. <br /> Sincerely, <br /> 6� ,�V <br /> Eric Scott <br /> Environmental Protection Specialist <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. Hickentooper, Governor I Robert W. Randatt, Executive Director I Virginia Brannon, Director <br /> ` :air ` <br />