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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />May 15, 2009 <br />Platte Sand & Gravel, LLC <br />Attn: Rocky Hoffschneider <br />PO BOX 180 <br />Littleton, CO 80160 <br />COLORADO <br />D I V I S 10 N OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />RE: File No. M-2000-158; Platte Sand & Gravel; Technical Revision 05 - Revise Mining <br />Sequence and Final Configuration of Reclaimed Water Storage, submitted by Gilcrest, <br />LLC <br />Dear Mr. Hoffschneider: <br />The Division of Reclamation, Mining and Safety (DRMS) has received your request for a <br />Technical Revision (TR) for the Platte Sand & Gravel Site to revise the mining sequence and the <br />final configuration of the water storage reservoirs. The revision was received on May 7, 2009 <br />and called complete for review on that date. <br />According to Section 1.1 of the Construction Materials Rule, a Technical Revision (TR) "means <br />a change in the permit or an application, which does not have more than a minor effect upon the <br />approved or proposed Reclamation Plan." Upon initial review of TR05, the Division believes <br />that the proposed changes to the Platte Sand & Gravel reclamation plan, as submitted, constitute <br />more than a minor change to the approved reclamation plan, and therefore will require a Permit <br />Amendment for at least the following reasons: <br />The construction of 30 to 40 foot jurisdictional earth dams within the flood plain at the <br />confluence of the South Platte and St. Vrain Rivers certainly constitutes more than a <br />"minor revision" to the approved plan. Several additional entities including the Office of <br />the State Engineer, FEMA, ACOE and Weld County will need to review and approve this <br />proposed change. This change alone, and the required involvement of other regulatory <br />agencies for approvals moves the proposed activities beyond the scope of a technical <br />revision. <br />• Surface area of the proposed final water storage area appears to have been cut by at least <br />half - from the current approximately 1,240 acres to between 605 and 577 acres. The final <br />number of ponds had been changed from 9 to 3. This will significantly change the <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines