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• • <br /> <br />STATE OF iiiiiiiiiiiiimiii <br />999 <br />COLORADO <br />DIVISION OE MINERALS AND GEOLOGY <br />Dcpatlmem nl NaWral Resources <br />I } I }Sherman 51 . Ruom '_15 rp{ <br /> <br />Denver, G~Inrndo RII?03 ~ <br />~~~ <br /> <br />Phone: 13p 31 R66-7567 II <br />L1)('UOS)R}~ BIOh <br /> DEPARTMENT OF <br /> ~$ <br />August 7, 1998 RE$QjJR <br /> <br />Frank J Butala Roy Romer <br />Govemnr <br />Butala Construction Co lames 5 Lochhwd <br /> <br />7625 US Highway 50 E~ecuuve D~reuur <br />Salida CO 81201 michael R Long <br /> DrvKron DueUOr <br />Re: Amendment Application, Butala Pit, M-77-170 <br />Dear Mr Butala: <br />The Division completed a technical review of your response to the third adequacy letter. There are only <br />two more items that need to be addressed. Your response will not be considered a technical revision or <br />an amendment. The information is necessary to clarify, detail or explain pans of the amendment <br />application. So, therefore, an extension of the decision due date will not be necessary. <br />You must commit to grading the sideslopes of the ponds to a 3:1 slope pursuant to the requirements of <br />Rule 3.1.5(7). <br />You must provide sufficient information about the water that will be (has been for quite awhile) exposed <br />in the wash ponds so that Water Resources can adequately evaluate the potential for injury tc existing <br />water rights (or compliance with applicable Colorado water laws and regulations). Is this groundwater or <br />are the ponds filled from the outflow from the existing springs or is it a combination from both sources? <br />Or does the water come from some other source? This information is important because, if there is a <br />water rights issue, and the issue cannot be resolved, the ponds may have to be backfilled. And, also, the <br />Board may require sufficient funds in the bond to backfill the structures. Be as precise as you can when <br />addressing this item. <br />Please submit your response as soon as you can so we can meet the August 25, 1998 decision due date. <br />If you have any questions, please give me a call. <br />Sincerely, <br />~ .lames Dillie <br />Environmental Protection Specialist <br />