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._.: ~. STATE OF COLORnUO III IIIIIIIIIIIII III 999 RiC r,nFD D. LnA+Lr ilnvcnuu DEPARTh1E NT OF NATURAL RESOURCES D. Monte Pascoe, Executive Duector ~ ~~~~~ M1NED LAND RECLAMATION 423 Centennial Building, 7313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 David C. Shelton Director May 10, 1982 FIr. Craig Sherwood Snowmass Coal Company P. O. Box 980 Carbondale, Colorado 81623 RE: Proposed addition to the existing Coal Processing Plant. File qC-025-81 Dear Mr. Sherwood: Thank you for your letter dated stay 4, 1982 concerning the construction of the addition to your wash plant. After reviewing the project designs it has been determined that this action will not require any revision or approval from our Division. The project is a company matter that, we feel, will not affect environmental or reclamation activities. I also want to take this opportunity to give you some feedback on your proposal to construct a new pond below the refuse pile. The Division agrees that the proposed refuse pile pond will cause extensive environmental and reclamation concerns due to its size and location in the Thompson Creek Alluvium. However, we also feel that the existing pond could fail at any time and cause even more damage. The new pond wa.s approved by this Division over 1~ years ago and by the State Engineer's Office several rronths ago. The Division would be in its right to require immediate construction of the pond, through inspection/enforcement action. The Division would prefer not to take this route however, providing that Snowma ss; 1) submit final pond designs soon-within thirty (30) days, 2) that the new pond would be under 10 feet in size-to avoid lenghty State Engineer approval and 3) that the pond would be constructed soon after our approval- within forty-five (45) days. Snowmass should understand that if the existing pond fails prior to the new pond being constructed, you would be liable for any damages that nu yht occur as well as open to possible civil penalties. Since we would like to _ resolve this issue soon I would appreciate a response from you within ten (10) days.