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;COLORADO <br />Division of Reclamation, <br />Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />May 9, 2016 <br />To: Jared Ebert <br />From: Jason Musick <br />RE: Foidel Creek Mine, C-1982-056 <br />TR -296, Adequacy Review Memo <br />Per your request, I have reviewed the proposed culvert designs and the proposed collection ditch designs <br />associated with the above referenced revision. The review of the submitted designs was to determine if <br />the the demonstrations meet the design criteria for Rules 4.05.3 and 4.03.3(4)(b). The Division has the <br />following adequacy comments: <br />Based on the information presented in the proposed Exhibit 49EE the structure details associated <br />with proposed diversion ditches 1, 2, and 3 were completed without freeboard. There was no <br />discussion in the provided text or design to serve as a justification not to include freeboard in <br />the proposed ditch designs. Per Rule 4.05.3(7)(b), diversion design shall incorporate freeboard <br />no less than 0.3 feet. Please provide detail designs which include freeboard of no less than <br />0.3 feet for the proposed diversion ditches or provide a justification to the Division <br />discussing the reason designs without freeboard meet the requirements of Rule 4.05.3(7)(b). <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us <br />John W. Hickenlooper, Governor I Mike King, Executive Director I Virginia Brannon, Director <br />