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°? ? <br />Department of Energy <br />1 Office of Legacy Management <br />September 10, 2009 <br />RECEIVED <br />Mr. Peter Hays <br />Environmental Protection Specialist <br />State of Colorado <br />Department of Natural Resources <br />Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />./ <br />SEP 1 1! 2009 <br />OLM-SRS-2009-124 <br />Division ui r,-;cIamotion, <br />Mining and Safoty <br />? ? <br />Subject: Rocky Flats Pit; Permit No. M-1987-113: Technical Revision Approval; Revision <br />No. TR-02 <br />Dear Mr. Hays: <br />We are in receipt of your letter dated August 13, 2009, approving the Technical Revision <br />application (TR-02) submitted to the Division of Reclamation, Mining and Safety by Bestway <br />Concrete Company (Beltway) on July 22, 2009. Technical Revision TR-02 addressed the <br />"[t]echnical revision to add a concrete batch plant and update the mine plan maps based on the <br />June 6, 2009 inspection". <br />We appreciate both you and Tony Waldron taking the time to discuss the concerns of the <br />Department of Energy (DOE) Office of Legacy Management (LM) regarding Technical Revision <br />TR-02 on Tuesday, August 4, 2009. We would like to take this opportunity to update you about <br />LM's remaining concerns regarding Bestway's concrete batch plant. <br />LM has contacted Mr. Myron Moorhead, Bestway's Area Manager, and has requested written <br />assurances regarding recycled concrete stored on this site. LM's concerns relate to the origin of <br />the recycled material; whether the material contains any solid waste, hazardous waste, or other <br />harmful materials; and whether Bestway's State reclamation bond covers any and all potential <br />reclamation related to the recycled materials. Actually, LM's reclamation bond concerns are <br />more appropriately addressed to your office. If you could provide a written assurance to our <br />office regarding the bond and a copy of the bond, we would appreciate it. <br />In addition, the appropriate Jefferson County permit is required for Bestway to be in compliance <br />with both State and County law. Bestway applied for and received a Miscellaneous Permit for a <br />temporary concrete batch plant on January 15, 2008, for a period of two years. However, the <br />permit was withdrawn by Jefferson County on July 9, 2009. We notified Mr. Moorhead of this <br />withdrawal and he is currently looking into Bestway's County permit status. <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