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fS~ ~fc <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY c/ <br />Department of Natural Resources <br />1313 Sherman St., Room 275 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />September 14, 2005 `~ <br />Mr. Gayle Lyman / <br />Elam Construction, lnc. `~ <br />1225 S. 7th St. <br />Grand Junction, CO 81501 <br />Re: Bunn Ranch Pit, PPermit No. M-1980-131, Request for DMG <br />Deaz Mr. Lyman: <br />COLORADO <br />DIVISION O F <br />MINESRALS <br />GEOLOGY <br />REGLAMATION•MIN ING <br />SAFETY•SCIENCE <br />Bill Owens <br />Governor <br />Russell George <br />Executive Director <br />Ronald W. Cattany <br />Division Dlrector <br />Natural Resource Trustee <br />position on current spill clean-up <br />Elam Constmction, Inc. recently requested an official DMG position on the current status of clean-up efforts performed <br />at the Bunn Ranch Pit at the location of the Mazch 27, 2005 diesel spill. <br />DMG performed an inspection of the clean-up operations on Apri] 12, 2005 and noted that the contaminated material <br />excavation, removal and placement in a lined containment area, appeazed to be adequate to prevent adverse affects to the <br />groundwater. The inspection report also indicated that Elam would need to submit documentation of the clean-up efforts, <br />verification of contamination removal through soil ana]ysis, and any approval from the Colorado Department of Public <br />Health and Environment (CDPHE) received in response to a request that no additional remediation be required. <br />As of May 18, 2005, DMG had received all required documentation except CDPHE approval of [he May 17, 2005 <br />request that no additional remediation be required. On September 13, 2005 DMG contacted the Hazardous Materials and <br />Waste Management Division (HMW1~ID) of CDPHE in an attempt to determine if their lack of response was a de facto <br />approval of the request. HMWMD indicated that based on the report, it appeared that the excavation of contaminated <br />material met the requirements for this type of clean-up, but that they were still waiting for final reports on <br />decontamination and disposal of the contaminated material currently stored in the lined containment area. DMG awaits <br />this documentation as well. <br />HMWMD indicated that they recently received jurisdiction over these types of spills from the Solid Waste Division and <br />would contact the Solid Waste staff to determine if the contaminated material excavation and containment procedures <br />accomplished to date aze adequate. DMG has not received any further information from CDPHE on this issue, but will <br />contact Elam as soon as any further information is available. <br />Elam should be aware that submittal of documentation verifying completion of the clean-up process (decontamination <br />and disposal of the contained, contaminated soil) would most likely speed up the final sign-off on this issue. <br />If you have any questions, please contact me at (970) 243-6368. <br />Sincerely, <br />.!~~~ <br />Steve S. Shuey <br />Environmental Protection Specialist <br />RE~EI!/E® <br />SEP 2 6 2005 <br />Division W Minerals aai fiaelopy <br />