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f ~ <br />.~ <br />~.---- <br />• <br />STATE <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmem of Natural Resources <br />1313 Sherman 51.. Room 215 <br />Denver, Colorado 80203 <br />Phone: 0031 866-3 56 7 <br />FAX: (303)83Z-8106 <br />RECEIVEf~ <br />APR 21 1995 <br />April 7, 1995 DiviSiOnofMinerals~Ge0logy <br />Mr. Christopher L. Varra <br />Varra Companies, Inc. <br />2130 South 96th Street <br />Broomfield, CO 80020 <br />RE: Jenkins Pit, Technical Revision, Permit No. M-77-393 <br />Dear Mr. Varra: <br />III llllllllllllllll <br />DEPARTMEt <br />NATUF <br />RESOUR <br />Roy Roma <br />Gwemo. <br />lames 5. Lo[hhear <br />E.ecuhve Dirx to <br />M~thael B. long <br />Drvnron Direcmr <br />The Division accepts and approves the reclamation measures proposed in the <br />technical revision application for the Jenkins Site submitted on April 5, <br />1995. However, the following clarifications of the revision are provided <br />to establish and document the Division's position on certain issues: <br />1. The revision submitted states that the existing clay Flits are pre-law <br />features. Although the Division acknowledges that some pre-law <br />i disturbance existed at the site, it is also true that permitted operators <br />! prior to Varra Companies did excavate clay from the Jenkins Pit under the <br />terms of Permit No. M-77-393. As a result, there is really no way to <br />classify the clay pits as pre-law features. Also, the current permit <br />requires reclamation of all surface disturbance within the permit <br />boundaries, regardless of the age of the disturbance. <br />2. The revision submitted states that clay pits wherr>_ groundwater is <br />exposed will be backfilled, and further states that the Division agrees <br />that the clay pits are areas of "continuous" mining for purposes of <br />wetland determination. The Division does agree that the Jenkins Site has <br />been continuously active under the definitions of the Minerals Rules and <br />Regulations, i.e., the various operator's have never filed for or been <br />granted temporary cessation status, but the Division will make it cle~ <br />that we do not conduct wetlands determinations. <br />3. The Division will withhold any approval of the specific site <br />revegetation plan until the seeding mixture details are submitted for <br />review. <br />4. The revision submitted states that excavation may continue over thf <br />site North of Coal Creek without any further concern or need to adjust <br />financial warranty. The Division would like to clarif~7 that the existirn <br />warranty is sufficient to ensure reclamation of the Site North of Clea <br />Creek in its current configuration, however, any significant enlargemen <br />a <br />t' <br />S <br />