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:., <br />iii ii iu iii ~ <br />STATE Cyr Lut,UKADO <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />1373 Sherman St., Room 275 <br />Denver, CO 60203 <br />303 8663567 <br />FA%.303 832-8106 <br />April 26, 1991 <br />Mr. Jack Lewis, President <br />LBd. Energy Co. <br />Southbridge East <br />6130 South Memorial <br />Tulsa, OK 74133 <br />Re: Blue Flame tdine (Permit C-81-053) <br />Reclamation of the Mine <br />Dear Mr. Lewis: <br />of ~o~ <br />i.~ q9Q <br />„c' ~ O <br />• ~a~ <br />~ y8 "!6 ~ <br />Roy Romer, <br />Govamor <br />Fred R. Banta. <br />Division Director <br />I have recently spoken with Mr. Alan Small regarding the Blue flame Mine and <br />was advised by Mr. Small that L&L Energy was planning to reclaim the <br />property. Such action is generally agreeable to the Division, so long as the <br />approved reclamation plan is followed and compliance with applicable <br />regulations is had, but Mr. Small men tione~ that the pond was not going to be <br />reconstructed since it would be removed as part of the planned reclamation. <br />Removal of the pond is not acceptable to the Division at this time; such <br />action oes no con orm wi a approve rec amation pan. ease re er to <br />page o e ue ame ine perms pac age regar ing a sediment pond <br />which specifies the conditions which must be attained at the site before the <br />pond can be removed. The wording closely parallels the requirements of Rule <br />4.05,2(2) of the Regulations of the Colorado Mined Land Reclamation Board for <br />Coal Mining (Regulations). In addition, not only must the sediment pond be <br />maintained but the remainder of the surface water and sediment control system <br />as well. (See Rule 4,05.2(1)). <br />So far as the state of the pond, the Division considers L&L still committed to <br />reconstruct the pond to approved design by condition lOb of the January 23, <br />1991 Settlement Agreement. <br />