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~ • <br />With respect to the active mining area, it is the Division's <br />opinion that with a greater volume of waste than originally <br />anticipated, it will only be a matter of time before the affected <br />area increases beyond the approved dimensions creating a potential <br />non-compliance situation. If the volume of the sand waste product <br />is exceeding pre-mining predictions, thereby increasing the <br />physical area required to stockpile overburden, about the only <br />option available is to amend the permit to increase the affected <br />area and bond for the additional disturbance. In addition, with <br />the increased volume of sand, it is highly unlikely that the <br />original reclamation plan will be implemented as proposed in the <br />original permit application. <br />Therefore, it is strongly suggested that work begin on an amendment <br />to the permit to revise both the maximum area that can be affected <br />(along with the appropriate financial warranty) and the final <br />reclamation plan. During our upcoming site visit, we would like to <br />meet with all of the partners involved to formulate a workable <br />mining and reclamation plan and set up some timetables for <br />submitting an amendment to the permit. If the permit is not <br />updated soon, it will just be a matter of time before the Division <br />will be forced to begin pursuing other actions to ensure compliance <br />with the Colorado Land Reclamation Act for the Extraction of <br />Construction Materials. <br />We propose meeting on August 8, 1997 at 9:30 A.M. at the mine site. <br />If this is not convenient for everyone involved, please contact me <br />to arrange another time. If you have.any other questions prior to <br />this meeting, I can be reached at (303) 866-4926. <br />Sincerely, <br />~,~~~,/ <br />Anthony J. Waldron <br />Environmental Protection Specialist <br />cc: Mike Long <br />Mike Cure <br />Dwayne Turner <br />Dan Grasser <br />