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STATE OF COL ORADO <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 />DATE: December 17, 2009 <br />TO: David Bird <br />FROM: Allen Sorenson <br />COLORADO <br />D I V IS 10 N 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: Second Review of Proposed Perimeter Drain, Asphalt Specialties Company, Inc., <br />Speer Pit, Amendment AM -04, Permit No. M- 1983 -176 <br />The Division of Reclamation, Mining, and Safety engineering staff (DRMS) has completed a reviewed <br />Asphalt Specialties' (ASCI) responses to the DRMS technical memo dated October 2, 2009, those responses <br />being contained in ASCI correspondence dated November 30, 2009. The perimeter drain proposed by ASCI <br />is intended to prevent mounding of ground water east of the Speer Pit that has been caused by backfilling the <br />mined void with relatively low permeability soil and inert debris. <br />In order for the proposed perimeter drain to be effective in preventing ground water mounding over the long <br />term, frequent inspection, regular maintenance, and occasional replacement of components, such as the <br />check valve at the outlet works, will be necessary. In the October 2, 2009 memo, DRMS raised the issue that <br />under general agriculture as the post mining land use, and there is no clear pathway for assurance that the <br />perimeter drain will be maintained in the long term. Specifically, DRMS requires assurance for perimeter <br />drain maintenance after the termination of the Speer Pit Mined Land Reclamation Permit. The ASCI <br />November 30, 2009 response letter only addresses drain maintenance during the term that the permit is in <br />effect. The Applicant must address the long term maintenance issue through deeded covenants or other <br />forms of assurance that will obligate the current and any future owners of the land where the drain is located <br />to maintain the facility in perpetuity. <br />All other ASCI responses to the DRMS October 2, 2009 are adequate to allow for approval of the permit <br />amendment. <br />c: \acs files\My Documents 4 -19 -06 thru\speer drain review 2.docx <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />