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-.: iii iiniiiiiiiiiiii STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Departmem of Natural Resources 1713 Sherman A . Ruom 21 5 Denver, CO 80203 Phone (3071 ft66-1557 FAX (303) A32-8106 February 15, 1994 Mrs. Nancy Chappie 7470 Lion Alley P.O. Box 160 Georgetown, CA 95634 Re: Waiver of Liability for Mine Haul Road Reclamation of the Trinidad Basin Mine, Las Animas County, Colorado Revoked Permit No. C-81-048 Dear Mrs. Chappie: pF COQ .,`" 4 w ~1 O /B]6 ~ Rnv Romer Governor Michael B. Long Dlviswn Direuor Thank you for your prompt response by phone on February 9, 1994, to our letter dated January 28, 1994, in which the Division described the reclamation activities that the Division proposes to conduct on your land. The Division desires to incorporate the comments of the landowners whenever State law and the regulations of the Colorado Mined Land Reclamation Board allow for such modifications to the approved reclamation plan. The purpose of this letter is to provide you a waiver of liability for your signature that will allow the Division to leave the haul road that provides access to your property in its present alignment, as per your request. This waiver is necessary only because Division records do not contain engineering certifications for the road that demonstrate that the internal stability of the embankment for Ponds 22-PS and 22-P6 satisfies our regulations. Records from field inspections conducted by the Division do not indicate any physical evidence of geotechnical instability; however, our records do not certify that the internal stability of the embankments satisfies regulatory criteria. Ponds 22-PS and 22-P6 were identified in our letter dated January 28, 1994, as reclamation items numbers 5 and 6. I have enclosed a copy of a map of the Trinidad Basin Mine showing the position of the haul road with the locations of Ponds 22-PS and 22-P6 indicated by red triangles. Your signature on the enclosed waiver of liability and its return to the Division by March 15, 1994 will allow the Division to leave the haul road and the associated pond embankments in their present alignment. If you elect not to sign the waiver, the Division will remove the pond embankments for Ponds 22-PS and 22-P6, necessitating realigrunent of the . haul road to provide continued access to your property. Should you agree with the terms of the waiver, please sign and date it, and return it to the Division by March I5, 1994.