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~ ~ <br />STATE OF III IIIIIIIIIIIIIIII <br />COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Dcpanmenl of Natural Resources <br />131 }Sherman 51., Rnom 215 r <br /> <br />Denver, Colorado 80201 I <br />~~~ <br /> <br />Phnnc: (}071 866-}557 I <br />FAX: 11q SI 872-8106 <br /> DEPARTMENT OF <br /> NATURAL <br />August l7, 1998 RESOURCES <br /> <br />Frank J Butala Roy Romei <br />eovem"~ <br />BUI31a ConstrucnOn CO Wmes 5. Lochhead <br />7625 US Highway 50 E,ec°~i.e D reao~ <br />Salida CO 81201 ""`h'e' e. L°"4 <br /> Division D~reao~ <br />Re: Amendment Application, Butala Pit, M-77-170 <br />Dear Mr Butala: <br />Enclosed is a copy of the Office of the State Engineer's conditions for approval of the amendment <br />application. As indicated, there appears to be possible water rights issues that need to be resolved <br />regarding the seeps, wash ponds and Koppers Springs A and B. You need to contact Mr Dick Wolfe to <br />resolve the issues. <br />As previously noted, letter dated August 7, 1998, the Division is concerned with the wash ponds. If <br />there are water rights issues, that cannot be resolved prior to the decision due date, the Division will <br />require sufficient funds in the bond to backfill the ponds. If the water rights issues are resolved after the <br />amendment is approved, the operator can ask for a reduction of the bond and the ponds can remain as <br />part of the approved reclamation plan. However, if the water rights issues are never resolved, backfilling <br />the ponds will become part of the reclamation plan. Backfilling the ponds, or resolving the applicable <br />water rights issues, will be a stipulation of the approval if the issues are not resolved prior to August Z5, <br />1998 (the current decision due date). <br />If the ponds have to backfilled, the commitment to grade the sideslopes of the ponds to a 3:1 slope will <br />not apply. <br />If you have any questions, please give me a call. <br />Sincerely, <br />~`~' <br />iJames Dillie <br />~n~~ <br />Environmental Protection Specialist <br />Enclosure <br />cc: James Stevens <br />