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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 />October 12, 2012 <br />Mr. Eric Fenster <br />P.O. Box 4401 <br />Denver, Colorado 80201 <br />Re: Technical Revision #1, GSL /Brush LLC, 120th Estate Partners, Permit # M- 2001 -085, <br />Adequacy Letter <br />Dear Mr. Fenster. <br />On October 5, 2012, the Division of Reclamation, Mining and Safety received your technical revision <br />(TR) #1. The TR requests to import inert fill in, in accordance with Rule 3.1.5(9). The inert fill is <br />supposed to be used to repair the embankment of the lake along the north side. However, during <br />the inspection of the site conducted on October 11, 2012, the Division observed inert fill was also <br />used to backfill the embankment along the southeast side of the lake embankment. In addition, a <br />stockpile of inert fill was noted along the east side of the lake. The Division requests the following <br />information before the technical revision can be approved. <br />No inert fill is allowed to be imported to the site until the TR is approved. <br />The adequacy or inadequacy of the financial warranty for the site will be addressed during the <br />amendment review and approval process. It is the understanding of the Division that the signed <br />letter by Jim Newman, GSL /Brush LLC, you submitted with the TR allows you to file both the <br />technical revision and the amendment to the permit on behalf of the operator. <br />If you have questions, please contact me at (303) 866 -3567 ext 8129 <br />Berhan Keffelew <br />Environmental Protection Specialist <br />CC: Tony Waldron <br />Tom Kaldenbach <br />Office of <br />Mined Land Reclamation <br />Denver • Grand Junction • Durango <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 />1) A detailed map of the area to be repaired along the north side of the lake. <br />2) Location and approximate quantity of all inert material that is in place on site at present. <br />3) A statement that no asphalt material was ever placed below water line during the repair <br />work and a commitment that no asphalt material will be placed below water line. <br />4) The location of area or areas that will be utilized as temporary inert fill storage locations. <br />Office of <br />Active and Inactive Mines <br />