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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />7313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303)-8664567 <br />FAX: (303) 832-8106 <br />June 9, 2004 <br />Mr. Brad Janes <br />Varra Companies, Inc. <br />8120 Gage Street <br />Frederick, CO 80516 <br />COLORADO <br />DIVISION O F <br />MIN sRALS <br />GEOLOGY <br />0.ECLANATION•NINING <br />SAf ETY•S<IENCE <br />Bill Owens <br />Goveoror <br />Russell George <br />Executive DlreCtO! <br />Ronald W. Cattany <br />Division Direttor <br />Natural Resource T*unee <br />RE: 2°d Adequacy Review Comments -Durham Pit, Regular 112 Amendment Application <br />Class: Revision, Type-Seq.: AM-1, Permit No. M-1978-056 <br />Dear Brad: <br />Listed below are remaining adequacy review comments on the above-captioned Regular 112 <br />Amendment application submitted by Varra Companies, Inc. (VCI) on November 13, 2003. The <br />decision date for your application is scheduled for July 12, 2004. Therefore, I would appreciate a <br />response from you on or before July 5, 2004. (Your response should include two (2) copies). <br />The remaining adequacy review comments aze consistent with the numbering sequence used in <br />the Division's original January 6, 2004 adequacy letter. Any review comments in addition to the <br />original numbering sequence are so noted. Please be advised that your amendment application <br />maybe deemed inadequate and the Division may recommend a decision of denial on July 12, <br />2004 unless the remaining adequacy review items are addressed to the satisfaction of the <br />Division. <br />6.4.4 EXHIBIT D - Minine Plan <br />1. Spill Containment, Control, & Countermeasures Plan :The Division has received VCI's <br />Spill Containment, Control, & Countermeasures Plan. In addition, the Division requests that you <br />incorporate the following condition into the amendment application regarding a reportable spill. <br />(Please see attached copy of the Division's standazd stipulation and conditions for a reportable <br />spill). Please respond. <br />"A reportable spill is a spill of any toxic or hazardous substance (including spills of petroleum <br />products) within the mined land permit area reportable to any Division of the Colorado <br />Department of Public Health and the Environment, the National Response Center, the Colorado <br />Emergency Planning Commission, any local Emergency Planning Commission, local Emergency <br />Planning Committee, or the State Oillnspector. The Mine Operator shall notify the Division of <br />Office of Office of Colorado <br />Mined Land Rxlamation Ac[ive and Inactive Mines Geological Survey <br />