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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 />April 17, 2012 <br />Darren Gebhart <br />McAtee Construction Co. <br />220 Edwards Ave. <br />Sterling, CO 80751 <br />RE: Green Bros Pit No. 2; DRMS File No. M- 1995 -030; Notice of Unresolved Problems <br />Dear Mr. Gebhart, <br />STATE OF COLORADO <br />The above - mentioned site has had one or more problems noted that, according to Division of <br />Reclamation, Mining and Safety (Division) records have not yet been resolved. According to our <br />records, the following problem was to be resolved on or before March 29, 2012. Listed below <br />are descriptions and corrective actions for the problem. Please resolve the corrective actions <br />and provide evidence of such resolution on or before May 17, 2012. <br />Please note that if the corrective action(s) are not properly addressed, and evidence provided to <br />the Division by the date provided above, the listed problems could be escalated to the level of <br />possible violations and would then be referred to the Mined Land Reclamation Board for further <br />action. <br />Problem Description: <br />• The Division has no evidence that the operator has a valid well permit, substitute water <br />supply plan, or approved water augmentation plan for the exposed groundwater at the site. <br />This is a problem related to 34- 32.5- 116(4)(h) of the Colorado Revised Statutes and <br />3.1.6(1)(a) of the Construction Materials Rules and Regulations governing injury to existing <br />water rights. <br />Corrective Action: <br />• The operator shall demonstrate that the operation is in compliance with the Office of the <br />State Engineer by submitting a copy of the approved augmentation plan by the corrective <br />action date specified. <br />Office of Office of <br />Mined Land Reclamation <br />COLORADO <br />D I V I S I O N O F <br />RECLAMATION <br />MINING <br />— &— <br />SAFETY <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />Denver • Grand Junction • Durango Active and Inactive Mines <br />