2012-06-25_ENFORCEMENT - M2001085

• Permit No: M2001085
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 6/25/2012
• Doc Name: INADEQUATE FW
• From: DRMS
• To: DSL/BRUSH LLC
• Email Name: BMK
• Email Name: AJW
• Email Name: TAK
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
June 25, 2012
Mr. James L Newman
DSL /Brush LLC
4131 South State Street
Chicago, Illinois 60909
Re: 120 Estates Partners, Permit # M- 2001 -085, inadequate Financial Warranty.
Dear Mr. Newman
COLORADO
D I V I S I O N O F
RECLAMATION
MINING
SAFETY
John W. Hickenlooper
4 4overnor
Mike King
Executive Director
Loretta Pineda
Director
On February 2, 2010, the Division of Reclamation, Mining and Safety approved Amendment # 4. The
amendment proposed to change the reclamation plan from a slurry wall to a clay liner. The required
reclamation warranty for the proposed change was increased by $150,400.00 for a total of $585,900.00.
The operator was requested to post the increased warranty within 365 days or by February 2, 2011.
However, the required warranty amount was updated after the site was inspected on October 10,
2010.The Division cited the deficiency of the warranty as a possible problem and requested that the
operator post an increased warranty in the amount of $304,785.00 for a total amount of $585,900.00 by
February 2, 2011. The discrepancy appears to be that when Amendment # 4 was approved, the Division
records indicated that the existing financial warranty was $435,500.00. However, through a previous
warranty reduction, the existing warranty, when Amendment # 4 was approved was actually
$281,115.00.
To date, the required increased warranty has not been posted. Rule 4.1.(2) Of the Construction
Materials Rules and Regulations requires that if a financial warranty is not posted within one year of
approval for any amendment, the Board shall hold a hearing, in accordance notification and comment
provisions of Rule 1.6, to consider the previous approval. You have fifteen working days from the date of
this letter to start the notice process in accordance with Rule 1.6.2, of the Construction Materials Rules
and Regulations and this matter will be placed on the agenda for the September Board Meeting.
However, if you do not wish to proceed with the implementation of Amendment # 4, you have the
following options:
1) Submit a written withdrawal for Amendment # 4 within 15 days from receipt of this letter.
2) If the written withdrawal is submitted for Amendment # 4 and accepted by the Division, you will
then need to submit an amendment to the permit, within 60 days or by August 31, 2012. The
new amendment should request a change to the post mining land use from developed water
resources to general agriculture or the appropriate county zoning use. The pit has to be
backfilled at a minimum, two feet above the historical ground water level, with 3H: 1V side
slopes. The new amendment will only need to update Exhibit "E" Rule 6.4.5, Reclamation plan
Office of
Office of
Mined Land Reclamation
Denver • Grand Junction • Durango Active and Inactive Mines