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through an amendment to the permit. This request cannot be processed through this Technical <br />Revision. The applicant has two choices. <br />1.) Withdraw this Technical Revision and submit an amendment application to change the post <br />mine land use to agriculture for the designated areas. If this option is chosen, the Division will <br />allow the operator to submit an amendment application in 90 days. <br />Or, <br />2.) The applicant can modify the submitted technical revision to indicate Areas 1 and 3 will be top- <br />soiled and re-vegetated in accordance with the approved plan. If the applicant chooses to do <br />this, there does not appear to be adequate topsoil stockpiled at the site to reclaim these areas. <br />The operator will need to import adequate growth medium and the Division will need to <br />increase the financial warranty to cover the cost to import this material. <br />Item #2; Hydrologic Balance <br />Since the Operator installed the clay liners for the two basins prior to the Divisions approval, no analysis <br />has been submitted to the Division in regards to the possible impacts the clay liners may have on the <br />surrounding hydrologic balance specifically for mounding and shadowing affects. Given the sites <br />proximity to the Saint Vrain Creek and the likely direction of the ground water flow, shadowing impacts <br />may be negligible. However, the Division has observed clay liners, slurry walls and backfilled pit <br />excavations impede the flow of ground water and cause mounding impacts to land adjacent to these <br />nearly impervious basins. Was any ground water elevation monitoring conducted at the site for lands <br />adjacent to the clay liners prior to their construction? Please determine what impact the installation of <br />these clay liners and the backfilling activity may have on the surrounding ground water levels. <br />Determine how ground water levels will be monitored to determine if a mounding problem is occurring <br />and how the Operator will mitigate possible mounding problems. <br />This concludes the Divisions review of the Technical Revision. Please remember the decision date for <br />the Technical Revision is May 5ch, 2010. If the decision date arrives and there are outstanding issues, the <br />Division will deny the Technical Revision. <br />If you have any questions please feel free to contact me at (303)-866-3567 ext. 8120. <br />Sincerely, <br />Jared Ebert <br />Environmental Protection Specialist - DRMS <br />Cc: Tony Waldron, DRMS