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Mr. Tenore <br />Page 12 <br />November 16, 2012 <br />length of all combined benches will be 100 linear feet or if each bench will be no more than <br />100 linear feet. <br />6.4.12 Exhibit L — Reclamation Costs <br />4. The Division has completed the Financial Warranty Calculation (copy enclosed) for the <br />above referenced pit. Please review the enclosed figures as soon as possible and our office if <br />any calculation errors are noted. <br />6.4.13 Exhibit M — Other Permits and Licenses <br />5. A review of the permit file has found that the Operator does not have a Stormwater <br />Discharge Permit from the Colorado Department of Public Health and Environment — Water <br />Quality Control Division. If stormwater runoff is captured by this operation and is not <br />diverted or captured in priority, it must be released to the stream system, which may require a <br />discharge permit. Please respond. <br />6. On November 1, 2012, the Division received a letter from Boulder County Land Use <br />Department. The letter stated that the Operator must apply to the Land Use Department for <br />Special Use Review by December 3, 2012. The Operator has informed the Division that the <br />Special Use Review will be applied for. Please note that pursuant to C.R.S. 34- 32.5- 109(3) <br />the Operator shall be responsible for assuring that the mining operation and the post- mining <br />land use comply with city, town, county, or city and county land use regulations. <br />As previously mentioned, if you are unable to provide satisfactory responses to any inadequacies <br />prior to November 21, 2012, it will be your responsibility to request an extension of time to <br />allow for continued review of this application. If there are still unresolved issues when the <br />decision date arrives and no extension has been requested, the application will be denied. <br />If you have any questions, please contact me at (303)866 -3567 x8116. <br />Sincerely, <br />Michael A. Cunr`ngham <br />Environmental Protection Specialist <br />Enclosures (3) <br />CC: Ed Byrne, Regional Planning Services (via email) <br />