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STATE OF COLORADO <br />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 />January 28, 2009' <br />Hal T. Richins <br />Bluerock Energy Corporation <br />P.O. Box 459 <br />COLORADO <br />D IV IS I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />RECEIVED <br />Bill Ritter, Jr. <br />JAN 3 0 2009 Governor <br />Harris D. Sherman <br />Division of Reclamation, Executive Director <br />Nucla, CO 81424 / Minfig and Safety Ronald W. Cattany <br />/ ? Division Director <br />Re: J-Birds Mine, Permit # M-2005-050, Division of Water Resources (DWR) Natural Resource Trustee <br />Correspondence Review. ? <br />Dear Mr. Richins, <br />The Division of Reclamation Mining and Safety (DRMS) has reviewed correspondence <br />to Bluerock from the DWR regarding stormwater retention basins for the J-Bird Mine. <br />DRMS notes that DWR has no issue with retention of stormwater in the designed <br />retention basin for longer than 72 hours. The 72 hour policy of DWR does not apparently <br />apply in this case. Staff thinks it is important to note that this is site specific with no <br />broader application. The State Engineer Office guideline for release within 72-hours is if <br />the water is captured out of priority; since the basin is all free water all the time (at least <br />for now) there is no out of priority water capture at the site. <br />Since the DWR has no issue with the retention of the stormwaters Bluerock Energy <br />would not be in violation of any of their regulations for this site. DRMS therefore has no <br />issue either as the jurisdiction for the issue lies with DWR. Review of stormwater <br />management plans for the J-Bird Mine as part of the Mine Plan and Environmental <br />Protection Plan now being prepared will not require release within 72 hours. <br />If you need additional information, please contact me at the Division of Reclamation, <br />Mining and Safety, Grand Junction Field Office, 101 S. 3rd St., Suite 301, Grand <br />Junction, Colorado 81501, telephone no. 970.241.1117. <br />Sincerely, , <br />G. Russell Means <br />Environmental Protection Specialist II <br />Cc: Michael Quinlan, Gault Group, Bluerock Energy Consultants <br />P7/ti <br />office of office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines