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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 19, 2011 ✓ <br />Mr. Mark A. Gardner <br />Whitewater Building Materials Corporation <br />P.O. Box 1769 <br />Grand Junction, CO 81502 <br />Re: Whitewater Building Materials Corporation, Pit 500, Permit No. M- 1977 -129, Second <br />Adequacy R3jew of 112 Construction Materials Reclamation Permit Technical Revision <br />Package, TR -05. <br />Dear Mr. Gardner: <br />On December 16, 2011 the Division of Reclamation, Mining and Safety (DRMS) reviewed the Whitewater <br />Building Materials Corporation (Operator) response to the preliminary adequacy review of Technical <br />Revision no. 5, TR -05 for Pit 500, Permit No. M- 1977 -129. A review of Whitewater Building Materials <br />Corporation's response has revealed a few issues and clarifications that need to be addressed. <br />Stage 2B <br />1. Please provide documentation in the form of a signed affidavit from Colorado Dept. of Public <br />Health and Environment: Water Quality Control Division and/or Colorado Division of Water <br />Resources that demonstrates that the practice of adding surface water from East Creek to the pond <br />water is in compliance with all applicable water rules and regulations. <br />Mined Land Reclamation <br />- December 16, 2011 response is adequate. <br />2. What methods of stabilization will be implemented at the inlets to prevent "cut back" erosion of <br />the slopes? Evidence of "cut back" was observed at the eastern inlet pipe during the June 2, 2011 <br />inspection. <br />- The response submitted states that the request to accept responsibility for and prevent "cut <br />back" caused by the inlet structures is unacceptable. Per Rule 3.1.5(3), all grading shall be <br />done in a manner to control erosion and siltation of the affected lands. Therefore as long as <br />the structure is located within a permitted site and is causing erosion it is the operator's <br />responsibility to comply with the requirements of the reclamation performance standards <br />specified in Rule 3.1.5(3). <br />Stage 3B <br />1. Please provide a copy of the agreement between the Operator and Mesa County that demonstrates <br />that Mesa County accepts to reclaim the area disturbed per the requirements of the approved <br />reclamation plan. <br />- December 16, 2011 response is adequate. <br />1 <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 />uCL r John W. Hickenlooper <br />n <br />-. /.011 Governor <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />Office of <br />Office of <br />Denver • Grand Junction • Durango Active and Inactive Mines <br />