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` `` `` ~,~~ U <br />~II ~I~II~II~II~1~I~ <br />999 STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 , <br />Denver, Colorado 80203 DIVISION o F <br />Phone: 13031 866-3567 M[ N E RA L S <br />FAX: (303) 8328706 & <br /> GEOLOGY <br /> RECLAMATION <br /> MINING•SAFETY <br />January 28, 2002 <br /> Bill Owens <br />Mr. Chr1S Vaasa Governor <br />Varna Companies, Ine. Greg E. Walther <br />P.O. Box 2049 Executive Director <br />Broomfield, CO 80038-2049 Michael B. Lang <br /> Division Director <br />Subject: Partial reclamation release and Notice to Weld County; Varna Companies, Inc.; <br />MLRB Permit M-74-052 <br />Dear Mr. Varta, <br />By this letter the Division of Minerals and Geology (Division) approves Varta's request for release of <br />approximately 10 acres that lie within the captioned permit. This area (the exclusion azea) is hereby <br />removed from reclamation ]lability under your MLRB permit. <br />'Ilse exclusion area, covered in portions of the attached map, circumscribes an area 50' outside all the <br />proposed drill holes shown on this map, and marks where a coal fly-ash leaching experiment will be <br />conducted. The exclusion area now will be subject to reclamation oversight by the Hazardous Materials <br />and Waste Management Division of the CDPHE. This includes oversight of groundwater within the <br />exclusion area. <br />Varra's letter indicates that the rules do not reference a need for Operators to notify Counties of <br />reclamation release requests. This is correct. Rule 4.16.2(1) states: `"fhe office, upon receipt of said notice <br />[from the Operator] of completion of reclamation, shall immediately provide notice to all owne[s of record <br />to the affected land and to the county(s)." Because Vasa is the ovmer, and because HMWMD now will <br />oversee reclamation of [he exclusion area, the site is released from the MLRB permit. The Division thanks <br />you for handling paperwork with the Cotmty and apologizes for indicating that was your mission. This <br />letter will serve as notice to the County and shall include your map inscribed with the exclusion area. <br />As indicated eazlier, we already have inspected the site so will not need to check it further. Also, as the <br />exclusion area encompasses such a small portion of the total permit area, we do not anticipate changing <br />your reclamation bond to reflect the exclusion. <br />Again, we would like to wish you luck with this important test of the coal fly ash, and hope that you will <br />choose to keep the Division informed of its progress. <br />Sincerely, <br />~~f <br />Harry H. Posey <br />Cc: Brad Janes, Varna Office of Special Projects w/ attachment Carl Mount, DMG <br />Roger Doak, CDPHE-HMWMD w/ attachment Joby Adams, CGRS <br />Weld County Commissioners w/ attachment <br />