2001-10-19_GENERAL DOCUMENTS - M1974052

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• • �� 999�� Varra Companies, Inc. Office of Special Projects IL1431 East 161° Street Greeley.Colorado 90631 Telephone(970)353-8310 Fax (970) 353-4047 Thursday 18 October 2001 Bruce Humphries, Supervisor RECEIVED Colorado Division of Minerals and Geology Office of Mined Land Reclamation OCT 19 2001 1313 Sherman Street, #215 Denver, Colorado 80203 Olulslon of Minerals and Geology Subject: Varra Companies, Inc. Coal Fly Ash Disposal Plan —Pilot Project. DMG Permit M74-052. Dear Bruce: On 31 January 2001, the Colorado Department of Health approved a Certificate of Designation for solid waste disposal of fly ash for the above stated project. This was subsequently followed by approval of the CD by the Weld County Commissioners on 10 October 2001. Terry McKee, with the Tri-Lakes Office of the U.S. Army Corps of Engineer's inspected the pilot project location and determined that Waters of the United States would not be impacted by the project. In conversation with Roger Doak (Colorado Department of Health— Solid Waste Division), a 1992 Memorandum of Understanding was provided from his office to Joby Adams of CGRS on 19 September 2001. The memorandum clarifies the proper protocol for incorporating the approved CD within the DMG permit. The document was inadvertently overlooked, and my office became aware of the of the contents of this memorandum just today. Considering the date of the MOU (1992) it would appear that the DMG specialists involved may not have been aware of the existence of this MOU, and most certainly, since our original submittal to the DMG of 30 December 1998, we were not. Regardless, the CD affirms our compliance with the DMG permit and does not warrant other action via TR, Amendment, or extraction of the project from the DMG permit as previously advised. In keeping with the attached Memorandum of Understanding between the Colorado Department of Health and the Division of Minerals Concerning Solid Waste Issues, specifically Section 1 titled `IMPORTED WASTE,' Varra Companies, Inc. respectfully requests that Harry Posey's correspondence of 23 May 2001 be withdrawn and the MOU honored. Section I specifically references 'fly ash from off-site into the pit.' The section provides that the DMG's sole requirement is the option to require a permitted mine operator to secure an `appropriate CD prior to placement of off-site wastes at the permitted mine site.' We have provided Harry with current project information and status and stand ready to keep the DMG informed of the Pilot Project as it advances. Your inclusion in this Project is desired and encouraged. We believe we have met all necessary approvals to proceed once financial warranty for the CD has been established and provided for with the Colorado Department of Health. l