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STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 December 24, 2003 / OLORADO I V I S I O N O F INERALS EOLOGY SRf ETY•EC~EN Mr. Harold Elam BIII Owens Governor Elam Construction, Ino/- Greg E. Walther 1225 South 7"' Street Executive Direcor Grand Junction, Colorado 81501 Ronald W. Cattany tvtswn Director RE: Gilsonite Gravel Pit, File No. M-2002-111, 112c Application Third Adequacy Review ~atural Resource Trustee Dear Mr. Elam: DMG has completed review of Elam Construction, Inc.'s October 13, 2003 response to DMG's second adequacy review (8-19-03) and additional adequacy review comments (9-24-03) of the application for a 112c Construction Materials Permit, File No. M-2002-111 for the Gilsonite Gravel Pit. This is the first adequacy review since the CDPHE Hazardous Materials Waste Management Division (HMWMD) and DMG Memorandum of Understanding (MOU) was drafted, giving HMWMD sole authority to characterize, monitor and remediate groundwater contaminated by waste at the facility. This MOU renders some of required information from past adequacy comments to the jurisdiction of HMWMD. In an effort to remove confusion in the mininglreclamation permit concerning this transfer of jurisdiction, DMG will not require that groundwater characterization, monitoring and remediation information, including trench installation and operation details, be removed from the permit. Rather, DMG requires that notes (preferably in bold type) be added to the Mining Plan, Reclamation Plan, Water Information Exhibit and the Reclamation Cost Exhibit, specifying that HMWMD is the regulating authority for groundwater contaminated by hazardous waste at this site, that information regarding these issues are in the mining/reclamation permit for informational purposes only, that the trench installation is optional, depending on circumstances and HMWMD requirements, and that DMG will be notified well in advance of when the trench installation is to take place. The MOU will need to be placed as an exhibit in the application. The additional adequacy comments dated September 24, 2003, mailed to Elam with the preliminary reclamation cost estimate are no longer applicable to the mining/reclamation permit. The information required by those comments were regarding groundwater issues that are now under HMWMD jurisdiction. A revised reclamation cost estimate will be calculated to replace the September 24, 2003 version. The mining/reclamation permit application cannot be approved until the following remaining issues are adequately addressed. Please submit a response to the following issues as soon as possible, but no later than March 12, 2004 so DMG staff have adequate time to review the responses prior to the decision due date set for March 31, 2004. If your response, or a decision date extension request, are not received by March 12, 2004 this application may be denied. Office of Office of Colorado Mined Land Reclamation Active and Inactive Mines Geological Survey