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Listed below are adequacy review comments on the above-referenced Regular 112 Amendment <br />application submitted by Varna Companies, Inc. (VCI) on November 13, 2003. The decision date <br />for your application is scheduled for February 11, 2004. Therefore, I would appreciate a <br />response from you on or before January 30, 2004. (Your response should include two (2) <br />copies). Any public comments that we receive on your application during the interim will be <br />forwarded to you. Please note that the Division has already received several letters of objection <br />to your proposed amendment application and has forwazded these letters to you. Unless these <br />objections are resolved and withdrawn, the Division will schedule apre-Heazing Conference in <br />January and will issue a recommended decision on February 11,2004. The Division will also <br />schedule a Formal Public Hearing before the Colorado Mine Land Reclamation Board at the <br />February 25-26, 2004 Board Meeting. Please be advised that your amendment application may <br />be deemed inadequate and the Division may recommend a decision of denial on February 11, <br />2004 unless the following adequacy review items aze addressed to the satisfaction of the Division. <br />The 11 February 2004 Decision Date for this application was moved 90 days to I 1 May 2004. <br />Since that time, Chris Pauley, has requested additional time due to continued difficulty in <br />obtaining established information from FEMA and the Army Corps of Engineers (refer to Chris <br />Pauley's correspondence of 30 March 2004 requesting additional time to 28 May 2004 for <br />completion of his initial evaluation). (tlt) <br />Please extend the decision date an additiona160 days, to 11 July 2004 to allow adequate time <br />for the completion of Chris Pauley's evaluation. Naturally, this information will be <br />provided to the Division as soon as it is completed. Noting current hydrologic conditions in <br />the state, the prospects of flooding from the borer than normal snow pack lv sot as great in <br />this continuing drought. It should be noted that Mr. Bliss did not chose to cooperate in <br />allowing our surveyors onto his property to aid the evaluation, as reflected in the attached <br />correspondence of American West Surveying and replies from North of the Poudre River <br />from Bliss Produce and K.S. Properties, LLC, both dated 9 March 2004. As requested, two <br />copies of this submittal aze included, along with necessary copies to the Weld County Clerk to the <br />Board. We suggest that the pre-hearing conference be deferred until such a time as the full reply <br />has been reviewed and commented upon by the Division. <br />6.4.4 F,XIIIBTl' D -Mining: Plan <br />1. Page 2 of the amendment application form lists fuel, lubricants, and absorbents to be used or <br />stored within the permit area. Please provide a Spill Containment, ConVol, & Countermeasures <br />Plan that addresses how groundwater resources will be protected in the event of a leak or spill of <br />fuel, lubricants, or absorbents. <br />An existing Spill Containment, Control & Countermeasure Plan is in place. Please refer to the <br />Plan,as attached. <br />2. The applicant has mentioned that approved final Building Permits have been obtained for a <br />concrete batch plant, wet processing plant, shop, yard and supporting fuel depots, and related <br />support areas, including a scalahouse/office. The Division has previously mentioned in its <br />January 9, 2003 inspection report that it will need to include demolition and reclamation costs for <br />all of these features during evaluation of an adequate reclamation cost for the site, unless VCI can <br />Varna Companies, Inc. M1978-056 Durham Sand 8c Gravel Pit - 2003 Amendment - 2 <br />Monday 26 April 2004 reply to correspondence from the Colorado Division of <br />Minerals and Geology of 6 January 2004. <br />