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STATE OF COLORADO <br />DIVISION OE MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman tit., Room 215 C O L O RAD O <br />Denver, Colorado 80203 0 1 v 1 5 1 o N o r <br />Phone: (303) 866-3567 MINERAL S <br /> <br />FAX: (303) 832-8106 G E O L O G Y <br /> REC LA MATION•MINING <br /> EAFETY•SCIEN CE <br />November 10, 2004 <br /> Bilf Owens <br /> Governor <br />Chnstophel L. Varna Russell George <br />Varna Companies, II1C. Executive Director <br />S 120 Gage St. Ronald w. Cottony <br />Frederic CO 80516 Division Director <br /> Natural Resource Trustee <br />Re: Durham Sand & Gravel Pit, Amendment Approval, Permit No. M-1978-056, Revision No. AM-1 <br />Deaz Mr. Varna: <br />On October 27, 2004 the Colorado Mine Land Reclamation Board conditionally approved the Amendment application <br />submitted to the Division on November 13, 2003, addressing the following: <br />This amendment application updates the mining and reclamation plan, and brings the site into compliance with <br />current Rules and Regulations for the Extraction of Construction Materials. <br />The terms of the Amendment No. 1 approved by the Division are hereby incorporated into Permit No. M-1978-056. The <br />conditions of the Division approval are noted below. Please note that all other provisions of Permit No. M-1978-056 <br />remain in full force and effect. <br />Stipulation No. Description <br />(1) The operator will cease any further addition of fill material within the designated floodway of the Cache La <br />Poudre River, unless authorized by the designated local, state, and federal flood control authorities, i.e. Weld <br />County, Colorado Water Conservation Board, and FEMA. The addition of fill material includes the addition of <br />any earth materials that result in an increase in the height, width, or length of the existing flood control bean. <br />(2) Any future modifications to the present configuration of the existing flood control berm must be consistent with <br />the laws or regulations of the designated local, state, and federal flood control authorities, i.e., Weld County, <br />Colorado Water Conservation Boazd, and FEMA. <br />(3) Designs and plans for future modifications to the present configuration of the existing flood control berm must <br />be prepared and signed by a registered professional engineer with experience in floodway and floodplain <br />hydraulics. <br />(4) The operator will submit as-built designs signed by a registered professional engineer with experience in <br />floodway and floodplain hydraulics within 30 days of completion of any modifications to the present <br />configuration of the existing flood control berm. <br />The Division has calculated a total reclamation cost of $300,000 for the Durham Pit based on information provided in the <br />amendment application. There is no additional fmancial warranty required as a result of this conditional amendment <br />approval as Varna Companies, inc. has akeady posted an acceptable financial warranty in the amount of $300,000 with <br />the Division. Under the terms of the amendment application, the operator (Varna Companies inc.) will be submitting an <br />application for a technical revision in 2005 to address reclamation of the existing flood control berm. The reclamation <br />Once of Office of Colorado <br />Mined Land Retlamafion Active and lnaRive Mines Geological Survey <br />