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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 />December 20, 2011 <br />Lynn Mayer Shults <br />LG Everest Inc. <br />7321 E 88 Ave Ste 200 <br />Henderson CO 80640 <br />RE: Permit M- 1999 -120; Fort Lupton Sand & Gravel; Technical Revision 06 — Revisions to <br />Reclamation Plan for Hill- Oakley Phase <br />Dear Ms. Shults: <br />The Division of Reclamation, Mining and Safety received Technical Revision 6 (TR06) for the Fort <br />Lupton Sand & Gravel site on December 14, 2011. The decision date for this TR is currently January 13, <br />2012. The Division has no objection to leaving the Eber property in the permitted area, or the removal <br />of the gas /oil well peninsula from the reservoir area after the well has been properly abandoned. <br />However, with regard to the request that the reclamation requirements for revegetation be waived to <br />allow for an expedited release of the Hill - Oakley phase of the permit, the Division will require some <br />additional information before this revision can be considered for approval. <br />Why is it imperative for the Hill- Oakley Phase of this site to be released before reclamation is completed <br />according to the revegetation standards required by Rule 3.1.10(1)? Although the Division has shown <br />some leniency in the past with TR04, the initial seeding for that phase had at least been completed at that <br />time. Why is a waiver of reclamation standards necessary again, especially for the same site? Even <br />though the City of Aurora may be willing to accept the area before reclamation is complete, DRMS <br />cannot condone a policy of disregarding reclamation standards due to outside agreements between a <br />permittee and other parties. <br />Please address these issues fully by January 6, 2012 to allow adequate time for Division consideration of <br />your responses. If the required information is not submitted, or an extension of the decision date is not <br />requested, before January 13, 2012 the TR will be denied and need to be re- submitted. <br />If you have any questions, please contact me at (303) 866 -3567 x8140. <br />Sincerely, <br />Gt <br />Eric Scott <br />Environmental Protection Specialist <br />Mined Land Reclamation <br />STATE OF COLORADO <br />COLORADO <br />D I V I S I O N O F <br />RECLAMATION <br />MINING <br />—&— <br />SAFETY <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta Pineda <br />Director <br />Office of Office of <br />Denver • Grand Junction • Durango Active and Inactive Mines <br />