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GTA'Tr: "IF COLORADO <br /> DIVISION OF MINERALS AND GEOLOGY III IIIIIIIII1III III <br /> Department of Natural Resources 999 <br /> 1313 Sherman St.,Room 215 <br /> Denver,Colorado 80203 D I v I S r O N O IF <br /> IN(303)866-3567 MINERAL S <br /> FAX:(303)832-8106 & <br /> GEOLOGY <br /> October 29,2001 <br /> REGLAM ATION <br /> MINING-SAFETY <br /> Bradford Janes <br /> Varra Companies,Inc. Biu Owens <br /> 1431 East 16"St Governor <br /> Greeley,CO 80631 Greg E.Walther <br /> Executive Director <br /> Subject: Coal Fly Ash Disposal Plan,Varra Companies,Inc.,M-1974-052 Michael B.Long <br /> Division Director <br /> Dear Mr.Janes, <br /> In your 18 October 2001 letter you indicated that Varra Companies might begin placing coal fly ash in the captioned permit area as <br /> early as November this year. In the Division of Minerals and Geology's(DMG)letter of 23 May 2001(from CB Mount to CL Varra) <br /> Varra was instructed to either remove the coal fly ash test area from the permit boundary or revise the permit. As Varra has done <br /> neither,your placement of coal fly ash inside the DMG permit boundary would run contrary to the DMG's instructions. <br /> Your letter indicated that the DMG should honor a Memorandum of Understanding(MOU)between itself and the Hazardous Materials <br /> and Waste Management Division of the Colorado Department of Health and Environment(HMWMD). You indicated that your 31 <br /> January 2001 Certificate of Designation(CD)from HMWMD provided justification for placement of coal fly ash in your permit area, <br /> per your interpretation of the MOU. <br /> The DMG does not agree with your interpretation of the MOU. To our knowledge,there are no MLRB peon its where designated waste <br /> has been placed to be monitored jointly by the DMG and HMWMD. The two Divisions have elected to segregate regulatory authorities <br /> in cases like this,having either one or the other regulate the designated materials,and have precluded regulation by both. We feel this is <br /> in the best interest of both the two Divisions and the Operators. It avoids confusion,it prevents dual bonding,and it precludes dual <br /> regulation. <br /> Please be advised that if you fail to abide by the DMG's 23 May 2001 letter,and if you place designated waste in the MLRB permit <br /> area,you could be considered in violation of your permit and the Statutes.Your interpretation of the MOU should not be considered to <br /> take precedence over the Act and your permit. <br /> The DMG remains interested in this research. We recognize its importance to the industry and to you.We would like to remain <br /> apprised of progress of this field test. If you would like the DMG to review testing results that you submitted to HMWMD as part of <br /> your CD process,we would like to do so. To date,we have a few test results but no background information on how the samples were <br /> selected,collected,or analyzed. <br /> Please contact me to discuss this letter or take steps to fulfill the DMG's letter of 23 May 2001. In the event you elect to supply missing <br /> information to the DMG, please allow us an adequate amount of time to review it and discuss it with you. <br /> Sincerely, <br /> arl B.Mount <br /> Cc: Bruce Humphries <br /> Harry Posey <br /> Roger Doak,CDPHE-HMWMD <br />