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iii iiuiiiiiiii iii ___ <br />STATE OF COLOIZ~DO <br />DIVISION OF MINERALS ANO GEOLOGY <br />Depanmern of Natural Resources <br />I J I ] Sherman Si.. Room 21 5 <br />Denver, Colorano 80201 <br />Phone: 13071 Bbb-Jib: <br />fnx. UOL 8J2~tl 106 <br />April 7, 1995 <br />Mr. Christopher L. Varna <br />Varna Companies, Inc. <br />2130 South 96th Street <br />Broomfield, Co 80020. <br />RE: Jenkins Pit, Technical Revision, Permit No. M-77-393 <br />Dear Mr. Varna: <br />I~~~ <br />DEPARTMFIYC OF <br />NATURAL <br />RESOURCES <br />Rw Rdnn <br />Cwemor <br />lame 5. Lxnhewl <br />Eaauu.e O~rena <br />M~chaN R. lonS <br />[)~vif'On Dlrelrp <br />The Division accepts and approves the reclamation measures proposed in the <br />technical revision application for the Jenkins Site submitted on April 5, <br />1995. However, the following clarifications of the revision are provided <br />to establish and document the Division's position on certain issues: <br />1. The revision submitted states that the existing clay pits are pre-law <br />features. Although the Division acknowledges that :;ome pre-law <br />disturbance existed at the site, it is also true that permitted operators <br />prior to Varna Companies did excavate clay from the Jenkins 1?it under the <br />terms of Permit No. M-77-393. As a result, there is really no way to <br />classify the clay pits as pre-law features. Also, the current permit <br />requires reclamation of all surface disturbance within the permit <br />boundaries, regardless of the age of the disturbance. <br />2. The revision submitted states that clay pits where groundwater is <br />exposed will be backfilled, and further states that the Division agrees <br />that the clay pits are areas of "continuous" mining for purposes of <br />wetland determination. The Division does agree that the Jen}:ins Site has <br />been continuously active under the definitions of the Minerz~ls Rules and <br />Regulations, i.e., the various operator's have never filed for or been <br />granted temporary cessation status, but the Division will make it clear <br />that we do not conduct wetlands determinations. <br />3. The Division will withhold any approval of the s}>ecific site <br />revegetation plan until the seeding mixture details are submitted for <br />review. <br />4. The revision submitted states that excavation may continue over the <br />site North of Coal Creek without any further concern or need to adjust <br />financial warranty. The Division would like to clarify that the existing <br />warranty is sufficient to ensure reclamation of the Site North of Clear <br />Creek in its current configuration, however, any significant. enlargement <br />