2009-06-15_REVISION - M1999120 (3)

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STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 COLORADO Phone: (303) 866-3567 D I V I S 10 N O F RECLAMATION FAX: (303) 832-8106 M I N I N G SAFETY June 15, 2009 Bill Ritter, Jr. Governor Clay Kimmi Harris D. Sherman Weld County Public Works Executive Director PO BOX 758 Ronald W. Cattany Greeley, CO 80632 Division Director Natural Resource Trustee Re: Ft. Lupton Sand and Gravel Mine, Acreage Reduction Notification, Permit No. M-1999-120, Revision AR-02 Dear Mr. Kimmi: On May 18, 2009, the Colorado Division of Reclamation, Mining and Safety approved L.G. Everist's request for release of the Golden phase of the Ft. Lupton Sand and Gravel Mine from further reclamation responsibility. Unfortunately, due to an oversight at DRMS, initial notification letters for this action were not sent out timely to the landowner and Weld County. This letter will serve as that notification. Due to this notification oversight, the comment period will be extended to June 30 before the release will be finalized. As always, per Rule 1.4.11(b) any decision made by the Division can be also appealed to the Board within 30 days. The Division has also received and reviewed the letter dated June 9, 2009 sent by Weld County objecting to the proposed release, and there are a couple of points that we would like to clarify. This is only a partial acreage release for the 36 acres of the Golden phase of the Ft Lupton site. 256 acres will remain in the active mining permit. DRMS will also continue to hold $997,872 in bond for the remainder of the site. The site was inspected prior to the release decision, and no permanent berms were left in place anywhere as part of the final reclamation configuration of the Golden Phase. The presence of permanent berms would have halted the final release of the area as there were no berms included in the approved reclamation plan for the area. The final reclamation configuration of the Golden phase meets the Division's standards and requirements and the current approved reclamation permit for the site. The remaining issues raised by Weld County in this letter are not within the jurisdiction of the Division, therefore we would encourage you to seek resolution of these matters with the operator where appropriate. The Division cannot enforce another regulating entity's requirements, and any objections made regarding the Division's decision to approve the partial release must be based on the failure of the operator to comply with DRMS requirements. Regulations and requirements imposed on the operator by other entities such as CDPHE, ACOE, FEMA or Weld County must be enforced by those entities. If you have any questions, please contact me at (303) 866-3567, x8140. Sincerely, Eric C. Scott Environmental Protection Specialist cc: Tony Waldron, DRMS Office of Office of Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines