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DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />COLORADO <br />DIVISION O F <br />RECLAMATION <br />MINING <br />-&- <br />SAFETY <br />May 12, 2008 <br />s. Lynn Mayer Shults <br />L.G. Everist, Inc. <br />7321 E. 88~ Ave, Suite 200 <br />Henderson, CO 80640 <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />RE: DRMS Inspection dated 2/28/2008, Problem resolution, Permit M-1999-120. <br />Dear Ms. Shults: <br />The Division of Reclamation, Mining and Safety (Division) has received the materials regarding <br />L.G. Everist action taken to remove temporary stockpiles from the 100 year floodplain of the <br />permit area. These stockpiles were noted as a problem on the inspection report of February 28, <br />2008. The Division agrees with you that this problem has been fully addressed at this time. <br />The Division also agrees with L.G. Everist that, since no significant changes have occurred to the <br />mining operation and no problems have occurred to date with flooding at the site in regards to <br />water entering and leaving the pit during a flood event, no changes to the permit are necessary at <br />this time. L.G. Everist should be aware that, if problems do occur from flooding and off site <br />damage occurs as a result of those problems, it is possible that the Division may take an <br />enforcement action at a later date. However, we will vacate the second issue brought up in the <br />inspection report at this time. <br />If you have any question, please do not hesitate to call me at 303-866-3863. <br />Si ely, <br />~- <br />Carl B. Mount <br />Senior Environmental Protection Specialist <br />STATE OF COLORADO <br />Office of <br />Office of <br />Mined Land Reclamation Denver Grand Junction Durango Active and Inactive Mines <br />