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STATE, OF COLORADO <br />J DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources j ?rO <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 D ICOLORADO <br />VI SE I ON F <br />D O F <br />Phone: (303) 866-3567 RECLAMATION <br />FAX: (303) 832-8106 MINING <br />SAFETY <br /> <br />,'/August 31 <br />2009 Bill Ritter, Jr. <br />Governor <br />, Harris D. Sherman <br /> <br />Mr. Scott Pelino Executive Director <br />`? Pelino, Inc. Ronald W. Cattany <br />Di <br />i <br />i <br />Di <br /> <br />P.O. BOX 5049 v <br />on <br />rector <br />s <br />Natural Resource Trustee <br />33551 CR 361 <br />Buena Vista, Colorado a 12 i i <br /> <br />Re: Follow-up on Unresolved Problem at Jesse Lee; Permit Number M-1984-043 <br />Dear Mr. Pelino: <br />The above-mentioned site has had one or more problems noted that, according to Division of Reclamation, Mining and <br />Safety (Division) records have not yet been resolved. According to our records, the following problem was to be <br />resolved on or before August 27, 2009. Listed below are descriptions and corrective actions for the problem. Please <br />resolve the corrective actions and ',provide evidence of such resolution on or before September 28, 2009. <br />Please note that if the corrective action is not properly addressed, and evidence provided to the Division by the date <br />provided above, the listed problems could be escalated to the level of possible violations and would then be referred to <br />the Mined Land Reclamation Board for further action. <br />• It appears the operator has mined through the existing ditch and has not constructed the new ditch <br />as required in the permit. Surface water was flowing over the pit floor surface from a spring in the <br />northwest corner of the excavated pit toward the sedimentation ponds to the southeast. The water <br />appeared to flow into the lower two sediment ponds where it eventually discharges into the <br />Arkansas River. As noted in the previous inspection report, the operator may be required to obtain a <br />National Pollutant Discharge Elimination System (NPDES) Permit from the Colorado Department of <br />Public Health and the Environment (CDPHE) because mining related water is discharging from the <br />sediment ponds. <br />CORRECTIVE ACTION: <br />• The operator must contact the CDPHE in regards to the need to obtain a NPDES permit for the <br />mine site. The operator must provide the Division with proof of the diversion ditch construction <br />and documentation that CDPHE has been contacted regarding the requirement for an NPDES <br />permit. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines