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COLORADO <br />Division of Reclamation, <br />Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />July 24, 2015 <br />Connie Davis <br />Aggregate Industries - WCR, Inc. <br />1687 Cole Blvd., Ste. 300 <br />Golden, CO 80401 <br />Re: Hazeltine Mine, DRMS Permit No. M-2004-031 <br />Technical Revision No. 5 (TR -05) <br />Denial <br />Dear Ms. Davis: <br />On July 20, 2015, the Division of Reclamation, Mining and Safety (Division) received Technical <br />Revision No. 5 (TR -05) for the above referenced site. TR -05 contains the Permanent Groundwater <br />Mounding Mitigation Plan (permanent plan). The Mined Land Reclamation Board (Board), through an <br />April 20, 2015, Board Order, required Aggregate Industries to provide the permanent plan by July 20, <br />2015. <br />The Division has conducted a preliminary review of TR -05 and has determined the permanent plan is <br />beyond the scope of the technical revision process. Therefore, the Division has denied TR -05 and <br />encourages the Operator to immediately file the permanent plan for Division review through the <br />amendment process. <br />Justification for the Division's decision to deny TR -05 is as follows: <br />• Pursuant to Rule 1. 1(49), Technical Revision means a change in the permit which does not have <br />more than a minor effect upon the approved reclamation plan. <br />• Pursuant to Rule 1. 1(6), Amendment means a change in the permit which increases the acreage <br />of the affected land, or which has a significant effect upon the approved reclamation plan. <br />Under the approved reclamation plan, the reservoir (previous pit area) was isolated from the surrounding <br />surface and ground water systems. The reservoir was isolated from the groundwater system by <br />construction of a slurry wall, and from the surfacewater system by the realignment of the Bull Seep. <br />Isolation from the surrounding hydrologic systems ensured compliance with Colorado water allocation <br />laws, a requirement of Rule 3.1.6(1)(a). However, the plans proposed through TR -05 will divert surface <br />and ground water into the previously isolated reservoir. The proposed plan substantially alters the <br />-co <br />1313 <br />�e <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining. state. co. us I <br />John W. Hickentooper, Governor I Mike King, Executive Director I Virginia Brannon, Director * 1876* <br />