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STATE OF COLORADO <br />DIVISION OF MINERglS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 21 S <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAx~(~~~~~i~,°2003 <br />Ron Thompson <br />Peak Project Management <br />3800 County Road 63.9 <br />Trinidad CO 81082 <br />RE: Review of Sediment Pond Inspection Requirements <br />Mr. Thompson: <br />DIVISION O F <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MINING•SAFETY <br />Rill Owens <br />Governor <br />Greg E. Walther <br />Executive Director <br />Ronald W. Cattany <br />Acting Division DlteCtOr <br />As previously notified, changes to the Regulations of the Colorado Mined Land Reclamation <br />Board for Coal Mining were made effective 3/21/2001. Many of these changes involved Rule <br />4.05 regarding sediment ponds and impoundments. Please refer to Rules 4.05.9(14) through <br />4.05.9{18). <br />The Division of Minerals and Geology interprets these Rules as follows. Each impoundment will <br />have an as-built certification in accordance with Rule 4.05.9(14). This Rule also requires that <br />each impoundment receive an annual inspection conducted by, or under the direction of, a <br />registered professional engineer addressing the requirements of Rule 4.05.9(15). Inspection <br />under Rule 4.05.9(15) is more detailed than that required under 4.05.9(17) and includes <br />estimates of water depth, erosion, instability, and sediment capacity. Additionally, each <br />impoundment shall be inspected quarterly under the direction of a qualified person for structural <br />weakness of other hazardous condition in accordance with 4.05.9(17), unless exempted under <br />4.05.9(18). <br />In general, Rule 4.05.9(14) addresses the as-built certification requirement, Rule 4,05.9(14) and <br />(15) address the annual certification conducted under the direction of a registered professional <br />engineer, and Rule 4.05.9(17) is the quarterly inspection requirement addressing structural <br />weakness of hazardous conditions. <br />As has been the practice, some operations may choose to conduct each quarterly inspection <br />under the direction of a registered professional engineer. If so, please ensure that at least one <br />of these inspections conducted each year addresses the requirements of 4.05.9(15). <br />If you have any questions, please call me. <br />Since ely, <br />~6nr/ <br />Kent Gorham <br />Environmental Protection Specialist II <br />