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<br />N`Department of Energy <br />i Office of Legacy Management <br />July 9, 2009 <br />Mr. Peter Hays, Specialist <br />State of Colorado <br />Department of Natural Resources <br />Division of Reclamation, Mining & Safety <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Subject: Bestway Concrete Company - Amendment to Mining Plan <br />Dear Mr. Hays: <br />RECEIVED <br />JUL 10 2009 <br />JV='1Nisim of R,eclamafion, <br />M!Wng and Safety <br />''r/- I q-F-74--//3 <br />OLM-SRS-2009-083 <br />We are in receipt of the Colorado Division of Reclamation, Mining & Safety Minerals Program <br />Inspection Report of the Rocky Flats Pit, operated by Bestway Concrete Company (Bestway) <br />which is dated June 15, 2009, and executed by you. We note that on the first page of your <br />Observations in the fourth paragraph, you state that: <br />The Mine Plan Map on file with the Division and the annual reports submitted by <br />the previous operator do not accurately depict the current mining activity at the <br />site. Per Rule 6.4.3, the Mining Plan Map must show the type of structures and <br />location of all significant, valuable, and permanent man-made structures <br />contained on the area of affected land. The operator agreed to submit a revised <br />Mine Plan Map to the Division that accurately depicts the internal road <br />configuration, Church and McKay ditch locations, stockpile locations and <br />the locations of the concrete batch, processing facility and wash plant <br />location in the form of a technical revision. <br />The Department of Energy (DOE), as the surface owner, has never approved of or otherwise <br />authorized the existence of a concrete batching plant on this site. As a matter of fact, the DOE <br />has on numerous occasions over the last eighteen (18) months indicated to representatives of <br />Bestway that the batch plant is not allowed on the site and, in fact, the DOE has demanded that <br />the batch plant be removed. (Please see Attachment A, which is an e-mail to you dated June 23, <br />2009, attached to which was a letter from Tom Aug, DOE, to Mr. Kortendick, Bestway's <br />attorney, dated May 13, 2009, addressing the DOE's concerns.) <br />2597 B 3/4 Road, Grand Junction, CO 81503 3600 Collins Ferry Road Morgantown, WV 26505 <br />1000 Independence Ave., S.W., Washington, DC 20585 11025 Dover St Suite 1000, Westminster CO 80021 <br />10995 Hamilton-Cleves Highway, Harrison, OH 45030 955 Mound Road Miamisburg, OH 45342 <br />232 Energy Way, N. Las Vegas, NV 89030 <br />REPLY TO. Westminster. CO Office