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UT Consulting, Inc. <br /> August 20, 2021 covED <br /> Mr. Peter Hays <br /> AUG 2 7 2021 <br /> Environmental Protection Specialist DMSION OF RECLAMATION <br /> State of Colorado MINING AND SAFETY <br /> Division of Reclamation, Mining, & Safety <br /> 1313 Sherman Street— Room 215 <br /> Denver, CO 80203 <br /> RE: J-2 Contracting Co. — DPG Pit— Technical Revision No. 1 Adequacy Review Response <br /> File No. M-2019-028 <br /> Dear Mr. Hays, <br /> J-2 Contracting Co. received your adequacy review letter dated July 8, 2021 and your hydraulic <br /> analysis report review memo dated July 19, 2021. We are providing the following responses to address <br /> the comments provided in the adequacy reviews. <br /> Exhibit A— Legal Description <br /> 1. The Operator requested a revision to the permit boundary to remove/replace an area with <br /> another area but keep the total acreage the same as the existing permit in the technical revision <br /> request. The Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for <br /> the Extraction of Construction Materials (Rules) does not allow for increasing the affected <br /> acreage through the technical revision process or for swapping permitted acreage for lands not <br /> included in the approved permit boundary. <br /> Rule 1.1(6) states an "Amendment' means a change in the permit or an application which <br /> increases the acreage of the affected land, or which has a significant effect upon the approved <br /> or proposed Mining Plan or Reclamation Plan. <br /> As discussed during the site inspection on May 26, 2021, the Division will require the Operator <br /> to submit an amendment application pursuant to Rule 1.10 to add the 0.9 acres for the lateral <br /> ditch located in the southwest corner of the proposed Phase 4 to the permit boundary or revise <br /> the technical revision to remove the request for the acreage swap in the technical revision <br /> request. <br /> On June 4, 2021, the Operator submitted an update letter for the TR-01 stating J-2 Contracting <br /> Co. has decided to not pursue the revision to the permit boundary to remove/replace an area <br /> with another area but keep the total acreage the same as the existing permit. The letter <br /> indicated revised maps were attached with the letter, however the Division did not receive the <br /> maps. <br /> Please provide the updated Exhibit C, Exhibit F, and Exhibit L maps indicating the approved <br /> permit boundary, not the permit boundary proposed in the original submittal for TR-01. <br /> V 305 Denver Avenue—Suite D•Fort Lupton CO 80621 •Ph: 303-857-6222•Fax: 303-857-6224 <br />