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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 6, 2011 <br />Steve Baker <br />3B Enterprises, LLC <br />P.O. Box 1665 <br />Craig, CO <br />81625 <br />RE: Deakins Pit, M - 2001 - 060, SPLP Test <br />Dear Mr. Baker: <br />To follow up on our telephone conversation from Friday, December 2, 2011, the Division of <br />Reclamation, Mining and Safety (Division) is concerned about the potential for release of <br />contaminants to the groundwater system from the imported materials that were used for <br />backfilling portions of the pit slopes at the Deakins Pit. Pursuant to 1) C.R.S. 34- 32.5 -116 (4)(c), <br />an operator shall demonstrate that all mined material disposed of within the affected area...will <br />not result in any unauthorized release of pollutants to the surface drainage system; 2) C.R.S. 34- <br />32.5 -116 (4)(d), no unauthorized release of pollutants to groundwater shall occur from any <br />materials mined, handled, or disposed of within the permit area; and, 3) C.R.S. 34- 32.5 -116 <br />(4)(h) disturbances to the prevailing hydrologic balance of the affected land and surrounding area <br />and to the quality and quantity of water in the surface and groundwater systems, both during and <br />after the mining operation and during reclamation, shall be minimized. <br />On July 21, 2011 the Division received a complaint alleging that the importation and placement <br />of coal mine waste as backfill material within the Deakins Pit had contaminated the water in the <br />complainant's well. In the course of investigating the complaint, the Division inspected the <br />Deakins Pit and found reason to believe that the practice of importing coal, coal waste, and waste <br />materials, and placement of those materials as permanent fill within the pit is not in compliance <br />with the specifications of Permit No. M- 2001 -060. Notice of this possible violation was mailed <br />to 3B Enterprises, LLC on October 7, 2011. <br />Office of <br />STATE OF COLORADO <br />rlanvar • (:rand lnnrtinn • rluranon <br />COLORADO <br />D I V I S I O N O F <br />RECLAMATION <br />MINING <br />SAF ETY <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />Office of <br />Artiva and Inartiva Minnc <br />