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<br /> <br /> <br /> <br /> <br /> <br />August 7, 2024 <br /> <br /> <br />Chris Oestreich <br />BURNCO Colorado, LLC <br />10100 Dallas St <br />Henderson, Co 80640 <br /> <br /> <br />Re: Rocky Flats Pit - File No. M-1987-113 <br /> BURNCO Colorado, LLC <br /> Technical Revision (TR-4) <br /> Technical Revision to update the mining reclamation plan <br /> <br />Dear Chris Oestreich: <br /> <br />On August 7, 2024 the Division of Reclamation, Mining and Safety concluded its review of the <br />Technical Revision application submitted to the Division on July 29, 2024, addressing the following: <br /> <br />A minor revision of the Reclamation Plan to change final reclamation from rangeland to lake area & <br />rangeland. <br /> <br />The decision reached by the Division is: deny. <br />1) The changes proposed in the TR4 application are larger than the scope of a Technical Revision <br />allowed by law. Changing the post-mining land use and significantly altering the reclamation plan <br />requires an amendment. The definitions of amendment and technical revision are included below for <br />your reference: <br /> Rule 1.1(6) “Amendment” means a change in the permit or an application which increases the <br />acreage of the affected land, or which has a significant effect upon the approved or proposed Mining <br />Plan or Reclamation Plan. <br /> Rule 1.1(53) “Technical Revision” means a change in the permit or an application, which does not <br />have more than a minor effect upon the approved or proposed Reclamation Plan. <br /> <br />2) The proposed plan calls to use clay to stabilize the 3h:1v slopes. Adding clay to the slopes will <br />also create an impermeable layer, effectively creating a clay lined pit. Clay lined pits are the <br />jurisdiction of the Division of Water Resources (DWR). DWR will have to be contacted and allowed <br />time to comment and review any proposed clay lined pit. The TR process does not have provisions <br />for comments and reviews by other agencies. Therefore, an amendment is needed for the proposed <br />changes. <br /> <br />In accordance with Rule 1.4.11, any person who can demonstrate that they are directly and adversely <br />affected or aggrieved by an action of the Office, may petition for a hearing before the Board on such <br />action within thirty (30) days of the date of the Office decision, if the decision was a denial, without a <br />hearing. Such petitions for a hearing shall state how the petitioner is directly and adversely affected or <br />aggrieved by the Office’s decision, and how the petitioner’s interests are entitled to protection under