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<br />STATE OF COLORADO <br />Bill Owens, Governor <br />Douglas H. Benevento, Acting Executive Director <br />Dedicated rn protecting and improving the health and environment n([he people of Colorado <br />4300 Cherry Creek Or. S. <br />Denver, Colorado 80246-1530 <br />Phone (303) 692-2000 <br />TDD Line (303) 691-7700 <br />Located in Glendale, Colorado <br />httpJjwww. cdphe.state. co.us <br />September 24, 2002 <br />Laboratory and Radiation Services Division <br />8100 Lrrxry Blvd. <br />Denver, Colorado 80230-6928 <br />(303) 692-3090 <br />Keith Holder <br />Ftvita Mar etin an Mana ement Inc <br />140 North Mesa " ' ~'-'°-' <br />Fruita, CO 81521 <br />pl: cow <br />~Q <br />Nc, <br />M k <br />y 7878'~ <br />Colorado Department <br />of PublicHealrh <br />and Environment <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 />Deaz Mr. Holder: <br />The Colorado Department of Public Health and Environment (the Depaztment) 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 />Chazacterization 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 Mazketing and Management, Inc. (FMM) dated January 24, 2002), <br />FMM wishes to change the location of the sedimentation pond to that of "Subarea I ", 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 />However, based on a review of previous environmental investigations conducted in Subarea I, the area does not <br />appeaz to contain significant contamination. Therefore, the Department approves the use of Subarea 1 for mining <br />activities, subject to the same conditions stated in the January 24, 2002 original approval letter for Subazea 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 maybe 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 />azea (discussed ftuther 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 after it is constructed, or otherwise properly <br />characterized and disposed in accordance with the WMCP. <br />M <br />