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_ STATE OF COLOKADO <br /> DIVISION MINERALS AND GEOLOGY <br /> I h'P dmm-m of nl >l,tlural Resources <br /> roi,in <br /> Roo <br /> I i, { $h iolm SI . 567 2I5 <br /> Unnvrr,C,J, rado 8020 t <br /> I'hnnr'i(ll li lUob tSh7 <br /> 14Y.,nl II A 1' BIUb <br /> DEPARTMENT OF <br /> NATURAL <br /> December 23, 1998 RESOURCES <br /> Roy Romer <br /> Mr. Christopher L. Varra Governor <br /> Varra Companies Inc. Wme,S.Lothhead <br /> 2130 S 96no St Executive Director <br /> Broomfield,CO 90020 r.Lihad B Long <br /> Division Director <br /> RE: Varra Companies. Pit No. I. Weld County, MLRB Permit No. M-74-052: USR Permit <br /> 248: CGRS no. 1-135-2755 <br /> Dear Mr. Varra, <br /> The Weld County Planning Department has invited DMG to review and comment on the <br /> following application: "Amendment to a Site Specific Development Plan and Use by Special <br /> Review Permit for a Coal Ash Burial Project." CGRS Inc. submitted this application on your <br /> behalf for the captioned operation. <br /> By way of background, this Division has been generally apprised of Varra Companies' proposal <br /> to dispose of coal power plant Fly ash in Pit No. 1, which is in the NW/4 Section 31,T3N, R67W. <br /> We have discussed part of the proposal with your consultant CGRS, the Solid Waste Disposal <br /> unit of CDPHE, and the Weld County Planning Department. The invitation to review the <br /> application to Weld County apparently follows from those previous discussions. <br /> The Division respectfully does not wish to comment on your application to the Weld County <br /> Planning Department, as their County land use authority is separate and distinct from this <br /> Division's obligations under the Mined Land Reclamation Act. Please know that while this letter <br /> does not constitute a review of the Application to Weld County, neither does it supplant the <br /> possible need for reclamation plan revisions or amendments to be filed with this Division. <br /> We would anticipate that, except perhaps as described below, you might need to revise your <br /> permit with this Division to allow for disposal and Field testing of the Fly ash. As implementing <br /> agency for groundwater regulations at mining sites, this Division may also require certain leach <br /> testing of the fly ash and/or groundwater monitoring at the site. <br /> In an earlier meeting with Weld County and CDPHE. Glenn Mallory of the HMWMD indicated <br /> that DMG's -roundwater authority, as it may relate to Fly ash disposal at this site only, might be <br /> accepted by the HMWMD. As a classified solid waste, tiv ash is regulated by the HMWMD. If <br /> the HMWMD elects to cover that part of your Pit No. I MLRB permit, then DMG would <br /> anticipate a request from you to amend the permit to remove the appropriate acreage from the <br /> permit and return some portion of the reclamation bond. At last contact Mr. Mallory had not yet <br /> determined whether to accept such responsibility so,until HIVIWMD elects otherwise, DMG <br /> would continue to exercise toundwater implementation authority at this site. <br />