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~T A Tl-" OF <br />~II IIIIIIIIIIIII II~ COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Departmern of Nawral Resources <br />137; Sherman St., Room 21 S <br />Denver, Colorado 80203 <br />DIVISION OF <br />Phone: (303) 866-3567 MINERAL S <br />FAX: 1303) 832-8106 & <br /> FOR YOUR CORRESPONDENCE FILE G E O L O G Y <br /> RECLAMATION <br /> MINING•SAFETY <br />January 28, 2002 <br /> Bill Owens <br />Mr. Chris Varna coremor <br />Varna Companies, 1110. Greg E Walther <br />P.O. BOx 2049 Executive Director <br />Broomfield, CO 80038-2049 nLChael B. Long <br /> Division Duecror <br />Subject: Partial reclamation release and Notice to Weld County; Varna Companies, Inc.; <br />MLRB Permit M-74-052 <br />Dear Mr. Varna, <br />By this letter the Division of Minerals and Geology (Division) approves Vaaa's request for release of <br />approximately I O acres that lie within the captioned permit. "This area (the exclusion area) is hereby <br />removed from reclamation liability under your MLRB permit. <br />The exclusion azea, covered in portions of the attached map, circumscribes an area 50' outside all the <br />proposed drill holes shown on this map, and marks where a coal fly-ash leaching experiment will be <br />conducted. The exclusion area now will be subject to reclamation oversight by the Hazardous Materials <br />and Waste Management Division of the CDPHE. This includes oversight of groundwater within the <br />exclusion area. <br />Varra's letter indicates that the rules do not reference a need for Operators to notify Counties of <br />reclamation release requests. This is correct Rule 4.16.20) states: "The office, upon receipt of said notice <br />[from the Operator] of completion of reclamation, shall immediately provide notice to all owners of record <br />to the affected land and to the county(s)." Because Varna is the owner, and because HMWMD now will <br />oversee reclamation of the exclusion area, the site is released from the MLRB permit. The Division thanks <br />you for handling paperwork with the County and apologizes for indicating that was your mission. This <br />letter will serve as notice to the County and shall include your map inscribed with the exclusion area. <br />As indicated earlier, we already have inspected the site so will not need to check it further. Also, as the <br />exclusion area encompasses such a small portion of the total permit area, we do not anticipate changing <br />your reclamation bond to reflect the exclusion. <br />Again, we would like to wish you luck with this important test of the coal fly ash, and hope that you will <br />choose to keep the Division informed of ins progress. <br />Sincerely, <br />~~iy-~. [.c.` <br />Hany H.Pos~osey / <br />Cc: Brad Janes, Varta Office of Special Projects w/ attachment Carl Mount, DMG <br />Roger Doak, CDPHE-HMWMD w/ attachment Joby Adams, CGRS <br />Weld County Commissioners w/ attachment <br />