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z <br />4. The Division will review Exhibit L-Reclamation Costs and other associated costs for the <br />financial warranty upon the resolution of the adequacy issues. <br />5. For the Applicant's information, the following stipulation will be included in any approved <br />Reclamation Permit: <br />A reportable spill is a spill of any toxic or hazazdous substance (including spills of petroleum products) <br />within the mined land permit azea reportable to any Division of the Colorado Department of Public <br />Health and the Environment, the National Response Center, the Colorado Emergency Planning <br />Commission, any local Emergency Planning Commission, local Emergency Planning Committee, or <br />the State Oil Inspector. The Mine Operator shall notify the Division of Minerals and Geology (DMG) <br />of a reportable spill within the mined land permit area using the same timeframe required by the <br />pemut, license, notice, statute, rule or regulation governing the reporting of the spill to the other <br />appropriate agency. Notice of a reportable spill shall be FAXed to: Minerals Program Supervisor, <br />Division of Minerals and Geology, FAX (303) 832-8106. The FAX shall include acall-back number <br />of a responsible company official for DMG staff to use a contact. <br />Pleased be advised that the Empire Pit 112c Amendment Application maybe deemed inadequate, and <br />the application may be recommended for denial on September 11, 2003 unless the above mentioned <br />adequacy review items aze addressed to the satisfaction of the Division. If you feel that more time is <br />needed to complete your reply, the Division can grant an extension to the decision date. This would be <br />done upon receipt of a written waiver of your right to a decision by the September 11, 2003 decision <br />due date and a request for additional time. <br />If you have any questions, please do not hesitate to call. My duect telephone number is (303) 866- <br />4062. <br />Sincerely, <br />G egg i"re <br />Environmental Prot tion Specialist <br />ENCL. <br />cc: Cazl Mount, DMG (via electronic transmission) <br />Maureen Jacoby, Banks and Gesso, LLC <br />