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iii iiiiiiiuiiiiiii <br />999 <br />DIVISION OF MINERALS AND GEOLOGY <br />Department o(Nalural Resources <br />1317 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: 1303) 86h-3567 <br />FAX: 13031832-8106 <br />October 27, 1994 <br />Mr. George Patterson <br />Kerr Coal Company <br />P.O. Box 487 <br />Walden, Colorado 80480 <br />RE: Quarterly Pond Inspections Under PE Direction, Kerr Coal Company, Marr <br />Strip Mine (C-80-006) <br />Dear Mr. Patterson: <br />The Division is refining its interpretations of the quarterly pond inspection requirements of <br />Rule 4.05.6(13). This Rule requires that the quarterly pond inspection report be submitted to <br />the Division by a registered professional engineer. The citation from the regulations of this <br />Rule is below. Portions of this Rule have been italicized for emphasis pertaining to this <br />situation. <br />4.05.6(13) Inspections <br />All sedimentation ponds shall be exami»ed by a qualified registered <br />professional engineer or other quali~ed individuals under lfreir direction. The <br />professional engineer or individual s all be experienced in the construction of <br />sedimentation ponds. Ponds shall be inspected for structural weakness, erosion, <br />and other hazardous conditions. The report shall also include the level of the <br />sediment in the pond and any other regcared maintenance of the structure. <br />These inspections shat! be made regularly during construction, upon <br />completion of construction and, at a minimum, on o quarterly basis thereaJ[er. <br />The report shall be retained at or near the mine site and a copy of the report <br />promptly submitted 10 the Division on a quarterly or annual basis, as required by <br />the Drvision, by a registered professional engineer. <br />To remedy the situation please document that the person conducting the pond inspections <br />does the inspections under the direction of an engineer and that future quarterly pond <br />inspection reports are submitted by an engineer. <br />If you have any questions please feel free to call me. <br />Sincerely, ~ , <br />,- <br />f <br />Randall P. Price <br />Environmental Protection Specialist <br />STATE OF COLORADO <br />II~ <br />DEPARTMENT Of <br />NATURAL <br />RESOURCE <br />Roy Romer <br />Governor <br />lames 5. Lxhhead <br />Executive Director <br />Michael B. Long <br />Division Dueaor <br />RPP/rpp/margpond.sam <br />cc: Jerry Nettleton <br />