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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 />September 29, 2009 <br />Greg Westhoff <br />COLORADO <br />D I V I S ION OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Morgan Sand and Gravel, Inc. Ronald W. Cattany <br />21215 HWY. 52 Division Director <br />Fort Morgan, CO 80701 Natural Resource Trustee <br />RE: Westhoff Pit; DRMS File No. M-1974-094; Technical Revision - 01; Preliminary <br />Adequacy Review <br />Dear Mr. Westhoff, <br />The Division of Reclamation, Mining and Safety (Division) has completed its preliminary <br />adequacy review of your application for the Technical Revision to the above referenced permit. <br />The application was received and called complete for review on September 17, 2009. The <br />decision date for this application is October 17, 2009. Please be advised that if you are unable <br />to satisfactorily address any concerns identified in this review before the decision date, it <br />will be your responsibility to request an extension of the review period. If there are <br />outstanding issues that have not been adequately addressed prior to the end of the review <br />period, and no extension has been requested, the Division will deny this application. <br />The Applicant has indicated that the earthen dam will not be rebuilt. Instead, the Applicant has <br />proposed to use Best Management Practices (BMP's) to control erosion in the natural drainage <br />channel. The Division has notified the Operator in the Inspection Report dated July 23, 2009, <br />that the appropriate stormwater discharge permit must be obtained from the Colorado <br />Department of Public Health and Environment, Water Quality Control Division (WQCD). In <br />order to obtain a stormwater discharge permit, the Applicant will be required to develop a <br />Stormwater Management Plan (SWMP) which outlines pollution control practices. The WQCD <br />is the primary State agency in charge of regulating stormwater discharges. Therefore, the <br />Division recommends that the Applicant obtain the stormwater discharge permit prior to the <br />Division review of the Technical Revision. Upon issuance of the stormwater discharge permit <br />from the WQCD, the Applicant may submit the approved SWMP to the Division under this <br />Technical Revision. The Division will conclude the adequacy review upon receipt of the SWMP. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines