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<br />~ III IIIIIIIIIIIIIIII <br />STATE OFCOLORADO RICHnRDD LAMM Gave mop <br />DEPARTMENT OF NATURAL RESOURCES <br />D. Monte Pascoe, Executive Director <br />MINED LAND RECLAMATION <br />423 Centennial Building. 1313 Sherman Street <br />Denver, Colorado 80203 Tel. (303) 866-3567 <br />David C. Shelton <br />Director <br />November 5, 1981 <br />T0: Mike Savage <br />FROM: Richard Domingue~ <br />RE: Bourg Coal Mine - Walden Coal Company - Pond C <br />File No. C-021-81 <br />Mike, <br />As you requested, I have reviewed the design of sediment pond C. There is only <br />one concern associated with this pond, and that is a concern over State water <br />law. The following discussion addresses this concern and sets forth several <br />options: <br />Pond C Design: <br />The pond design given meets all of the requirements of 4.05.6, with the exception <br />of 4.05.6(5). While Walden Coal Company does not specifically state the intent <br />to put the water stored in Pond C to "beneficial use", the size of the sediment <br />storage volume exceeds the limit set by the Department of water Resources, State <br />Engineer's Office as requiring water storage rights. Several options are <br />available to Walden Coal Company to alleviate the Division's concern. They are <br />as follows: <br />1) A reduction of the sediment storage volume to less than 2 AF. This <br />Division will accept a lesser sediment storage volume with the understanding <br />that Walden Coal Co. intends to maintain an adequate sediment storage <br />volume at all times. Along with the revised volume, a new, smaller diameter, <br />dewatering orifice should be incorporated in the design. <br />2) Apply, in District 6 Water Court, for the right to store 2.8 AF in <br />Pond C and provide a pump on site capable of dewatering the sediment <br />storage volume to less than 2 AF. <br />/mt <br />