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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 18, 2009 <br />Alex Schatz <br />Banks and Gesso, LLC / <br />720 Kipling St. Suite 117 <br />Lakewood, Colorado 80215 <br />CW20 <br />MAY 2 6 ?009 <br />DivisiO(i OT R-ec"?nQti0*1' <br />NlipMg and Safety <br />COLORADO <br />D IV IS I ON 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: Dick Casey Concrete Pit, Permit No. M-1978-349, Technical Revision, TR-03, Additional Review. <br />Dear Mr. Schatz, <br />The Division of Reclamation Mining and Safety (DRMS) has reviewed Banks and Gesso's (B&G)response <br />to the initial review of United / Old Castle's request for a technical revision to the above referenced <br />permitted site. Overall the response clarifies some issues noted in the initial review. There are a few <br />items that need to be clarified prior to approval. <br />B&G response Item #1 is noted. The database clearly shows that United/ Old Castle is the permitee. <br />The initial review letter reflected that Dick Casey Concrete was still the operator and requesting the TR. <br />It was a clerical error based on old associations. <br />Item #4 notes a temporary substitution supply plan is the best way to handle the permit situation. Staff <br />concurs and will request a copy of the approved plan if not covered by existing decrees. Presently the <br />information supplied to DRMS in both files notes approximately 23 acre feet in an approved <br />augmentation plan between the Casey Pit and the Chambers, M-1979-205. Chambers Pit currently has <br />an estimated 17 acres of potential lake surface, while the Casey Pit will have 21.9. This appears to be a <br />deficit of approximately 16 acre feet. If this is incorrect please clarify with documentation where the <br />TSSP and Augmentation Plans stand. If this is correct, then DRMS accepts Item #8 as assurance that no <br />groundwater will be exposed beyond losses already accounted for until a new TSSP or modification is in <br />place. <br />DRMS must make clear that no acreage reduction or full release request will be approved without the <br />approved Permanent Plan of Augmentation in place per Item #5. <br /> <br />Office of Office of <br />Mined Land Reclamation Denver - Grand Junction - Durango Active and Inactive Mines