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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 />August 23, 2012 <br />Mr. Richard G. Borchardt, P.E. <br />Senior Project Engineer <br />Urban Drainage and Flood Control District <br />2480 W. 26 Avenue, Suite 156B <br />Denver, CO 80211 -5304 <br />RE: Need for State Reclamation Permit, DRMS File M- 2012 -040 <br />Urban Drainage and Flood Control District <br />Cherry Creek at Eco Park <br />Dear Mr. Borchardt: <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 E. Pineda <br />Director <br />The Division of Reclamation, Mining and Safety has reviewed your letter of July 23, 2012 in which you inquired <br />about the need for a state reclamation permit. Based on the information you provided in the letter, it is the <br />Division's opinion that you will be required to obtain a reclamation permit from the Mined Land Reclamation <br />Board in order to legally conduct the proposed activities as outlined in your letter. <br />The questionnaire describes the project as extracting material during construction of drainage improvements and <br />channel stabilization along Cherry Creek at Eco Park. Of the 60,500 cubic yards that will be extracted, 40,900 <br />cubic yards will become the property of the contractor, who will haul the material offsite and may dispose of, use, <br />or sell the material. <br />Construction material will be extracted from its natural occurrence on affected land, and the excavation, use and <br />disposal of mined material will not occur on a single parcel of property owned or controlled by the same person. <br />This determination is based on the information contained in your letter. The Mined Land Reclamation Board has <br />requested that the Division make determinations as to the need for a Mined Land Reclamation Permit. If you <br />have any concerns or disagree with this decision, you may petition to appear before the Board during a formal <br />public hearing for a formal Declaratory Order concerning this matter. This request must be made in writing and <br />be received no later than 10 days prior to the hearing. The next available meeting will be September 12, 2012. <br />If you have any questions, please contact me at (303) 866 -3567, extension 8128. <br />Sincerely, <br />�lYVI <br />0 <br />Tom Kaldenbach <br />Senior Environmental Protection Specialist <br />cc: Anthony J. Waldron, DRMS (via email) <br />Office of Office of <br />Mined Land Reclamation <br />Denver • Grand Junction • Durango Active and Inactive Mines <br />