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STATE OF COLORADO <br />8111 Owens, Governor <br />Douglas H. Benevento, Acting Ezecu[ive Director <br />Dedicated to protecting and improving the healtlt and environment n/the people of Colorado <br />4300 Cherry Creek Dr. S. <br />Denver, Colorado 80246-1530 <br />Phone (303) 692-2000 <br />TDD Line (303) 691-7700 <br />Located in Glendale, Colorado <br />http//www.cdphes[ate. co. us <br />September 24, 2002 <br />Laboratory and Radiation Services Division <br />8100 Lowry Blvd. <br />Denver, Colorado 80230-6928 <br />(303) 692-3090 <br />Colorado Departure <br />of Public Health <br />andEmironment <br />Keith Holder <br />Fruita Marketing and Management, Inc- <br />140 North Mesa _.. - _.. _.. .... ~ _ _,__. <br />Fruita, CO 81521 <br />RE: Mining Activities (Subareas 1 and 3) and Installation of Additional Monitoring Wells <br />Fruita Refinery, COD983774654, Compliance Order No. 98-06-OS-Ol <br />Dear Mr. Holder: <br />The Colorado Department of Public Health and Environment (the Department) reviewed recent correspondence <br />regazding the upcoming mining activities to commence in the southern portion of the Fruita Refinery in late 2002. <br />The area to be mined, known as "Subazea 3", has been investigated under the Department-approved Soil <br />Characterization Plan for the Fruita Refinery, in accordance with the requirements of the Compliance Order. <br />Based on the results of this investigation and submittal of a Waste Management Contingency Plan (WMCP) to be <br />implemented during mining, the Department approved Subarea 3 for mining use, subject to certain conditions <br />(Department correspondence to Fruita Marketing and Management, loc. (FMM) dated January 24, 2002). <br />FMM wishes to change the location of the sedimentation pond to that of "Subarea 1 ", as shown on the attached <br />map (Figure 1), and submitted a written request to modify the Colorado Discharge Permit Number CO-0046175, <br />accordingly, on August 27, 2002, to the Water Quality Control Division (WQCD). Subarea 1 is subject to <br />corrective action under the Compliance Order and was not previously approved for use in mining activities. <br />$owever, based on a review of previous environmental investigations conducted in Subarea 1, the area does not <br />appear to contain significant contamination. Therefore, the Department approves the use of Subatea 1 for mining <br />activities, subject to the same conditions stated in the January 24, 2002 original approval letter for Subarea 3, and <br />contingent upon approval of the modified Discharge Permit by the WQCD. <br />It is understood that up to 2 feet of overburden may be removed from Subarea 1 and either used to build the banks <br />of the sedimentation pond, or spread on the northern portion of Subarea 3 that will be used as the gravel staging <br />area (discussed further below). If any visible highly-contaminated soil is encountered during construction of the <br />pond, this material must be segregated, stockpiled temporarily in the northern portion of Subarea 3 (or other <br />"dirty" area of the site), and then placed into the CAMU afrer it is constmcted, or otherwise properly <br />characterized and disposed in accordance with the WMCP. <br />