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STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources U 1 3 Shuman St., Room 215 Denver, CO 80207 Phone: p071 866-7567 FAX: 17071 87 2-81 06 Febnrary 15, 1994 Mr. Mark Ogrady RR 2, Box 1550 Beaumont, TX 77705-9730 Re: Waiver of Liability for Mine Haul Road Reclamation of the Trinidad Basin Mine, Las Animas County, Colorado Revoked Permit No. C-81-048 Dear Mr. Ogrady: of cow `. ~ b o c r8~6 ~ Roy Rnmer Co~crnor Michael B. Long Dimsion o~~ean, The Division mailed a letter to you dated October 15, 1993, in which the Division requested verification of property ownership boundaries and comments concerning the proposed stream channel realignment. The Division has not received a response to our letter dated October 15, 1993. 1fie Division mailed a second letter to you dated January 28, 1994, in which the Division described the reclamation activities that the Division proposes to conduct on lands that may be owned by you. The Division has not received a response to our second letter dated January 28, 1994. The purpose of this third letter is to provide a waiver of liability for your signature that will allow the Division to leave the haul road that provides access to your property in its present alignment. This waiver is necessary only because Division records do not contain engineering certifications for the road that demonstrate that the internal stability of the embankment for Ponds 22-PS and 22-Pb satisfies our regulations. Records from field inspections conducted by the Division do not indicate any physical evidence of geotechnilal instability; however, our records do not certify that the internal stability of the embankments satisfies regulatory criteria. Ponds 22-PS and 22-P6 were identified in our letter dated January 28, 1994, as reclamation items numbers 5 and 6. I have enclosed a copy of a map of the Trinidad Basin Mine showing the position of the haul road with the locations of Ponds 22-PS and 22-P6 indicated by red triangles. Your signature on the enclosed waiver of liability and its return to the Division by March 15, 1994 will allow the Division to leave the haul road and the associated pond lembankments in their present alignment. If you elect not to sign the waiver, the Division will ( remove the pond embankments for Ponds 22-PS and 22-P6, necessitating realignment of the haul road to provide continued access to your property.