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lJ <br />MINED LAND RECLAMATION DIVISION <br />DePaninerll 07 Natural Re50UfCB5 <br />• 7313 Sherman St. Room 275 <br />Denver. CO 80203 <br />303 666-3567 <br />Fn X: 303 832-8706 <br />C~~ <br />STA~ OF COLORADO <br />p-F Cp-l <br />tiV~ 7~ <br />Me'" ~ ~ <br />.V\~fi. <br />/e l6 ~ <br />ROV F~pnip, <br />Goerrv <br />FreE R. Banta. <br />Uwvon preps <br />April 11, 1990 <br />Mr. Jim Hendricks <br />Pueblo Coal Incorporated <br />278 Sawyer Drive, Suite lA <br />Durango, Colorado 81301 <br />RE: NOY C-90-009, File C-82-054 <br />Dear Mr. Hendricks: <br />Based on a consideration of comments which you submitted and further review of <br />the permit document, we have determined that the additional modification to <br />NOV C-90-009 (enclosed) is appropriate. It appears that discharge of road <br />drainage on the excess spoil outslope was approved. We consider this approval <br />to be a permit defect and have requested that you submit an appropriate <br />alternative plan for haul road and excess spoil fill drainage which will fully <br />comply with the regulations. <br />The violation has been modified to apply solely to the performance standards <br />of Rule 4.03 (failure to minimize erosion) and we are addressing the permit <br />defect issue separately throuoh the permit renewal review process. Abatement <br />Items 2 and 3 have been combined in the modification. Please be aware that, <br />while repair of the erosion and stabilizing the channel on the fill will abate <br />the NOV, routing of drainage over the face of the fill will not be an <br />acceptable long term solution. An alternative plan for conveying drainage to <br />the sediment pond within a designed ditch located off the fill will need to be <br />submitted as a Dart of the permit renewal response by June 1, 1990. <br />Please contact me if you have any questions. <br />Sincer y, <br />~~ <br />Dan T. Mathe s <br />Reclamation Specialist <br />DTM/Bas <br />Enclosure <br />. cc: Jim Stevens <br />6012r' <br />