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RE: 2nd Adequacy Review Comments -Durham Pit, Regular 112 Amendment Application Class: <br />Revision, Type-Seq.: AM-I, Permit No. M-1978-056. <br />Listed below are remaining adequacy review comments on the above-captioned Regular 112 <br />Amendment application submitted by Varna Companies, Inc. (VCI) on November 13, 2003. The <br />decision date for your application is scheduled for July 12, 2004. Therefore, I would appreciate a <br />response from you on or before July 5,2004. (Your response should include two (2) copies). The <br />remaining adequacy review comments are consistent with the numbering sequence used in the <br />Division's original January 6, 2004 adequacy letter. Any review comments in addition to the <br />original numbering sequence are so noted. Please be advised that your amendment application <br />may be deemed inadequate and the Division may recommend a decision of denial on July 12, <br />2004 unless the remaining adequacy review items are addressed to the satisfaction of the <br />Division. <br />6.4.4 EXHIBIT D -Mining Plan <br />1. Spill Containment, Control, & Countermeasures Plan: The Division has received VCI's Spill <br />Containment, Control, & Countermeasures Plan. In addition, the Division requests that you <br />incorporate the following condition into the amendment application regarding a reportable spill. <br />(Please see attached copy of the Division's standard stipulation and conditions for a reportable <br />spill). Please respond. <br />"A reportable spill is a spill of any toxic or hazardous substance (including spills of petroleum <br />products) within the mined land permit area reportable to any Division of the Colorado <br />Department of Public Health and the Environment, the National Response Center, the Colorado <br />Emergency Planning Commission, any local Emergency Planning Commission, local Emergency <br />Planning Committee, or the State Oil Inspector. The Mine Operator shall notify the Division of <br />Minerals and Geology (DMG) of a reportable spill within the mined land permit area using the <br />same timeframe required by the permit, license, notice, statute, rule or regulation governing the <br />reporting of the spill to the other appropriate agency. Notice of a reportable spill shall be FAXed <br />to: Minerals Program Supervisor, Division of Minerals and Geology, FAX (303) 832-8106. The <br />FAX shall include acall-back number of a responsible company official for DMG staff to use as a <br />contact. <br />The language detailed by the Division, above, is now incorporated into the Varna Companies, Inc. <br />Spill Containment, Control, & Countermeasures Plan, as attached, modifying the document <br />referenced by the Division, above. <br />2. Demolition Costs -Existing Structures: VCI has specified that "permanent building permits <br />were obtained for this location for existing structures, including the Concrete Plant, Scale-House, <br />and Shop. Additionally, these structures were established under the Weld County Use by Special <br />Review Process and specifically provide for these structures under this modified zoning process." <br />Varna Companies, Inc. M1978-056 Durham Sand & Gravel Pit -2003 Amendment-Friday 23 July <br />2004 reply to correspondence from the Colorado Division of Mveerals and Geology of 9 hme 2004. <br />