HYDRO30590

• Permit No: C1980007
• IBM Index Class Name: Hydrology
• Doc Date: 4/3/1995
• Doc Name: Review of As-builts for ponds MB-3 and MB-2R
• From: DWR
• To: MOUNTAIN COAL CO
• Permit Index Doc Type: CORRESPONDENCE
• Media Type: D
• Archive: No

DIVISION OF WATER RESOURCES
WATER DIVISION FOUR
Office o(ihe State Engineer
Department of Natural Resources
1540E Niagara
P.O 456
Montrose, Colorado 81402
Phone [phone]
FAX [phone]
Ms. Kath een Welt
Enviro ental Supervisor
Moun in Coal Company
West Elk Mine
P.O. Box 591
Somerset, CO 81434
III IIIIIIIIIIIIIIII
999
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March 30, 1995 UIVI$j00 D/
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. HaID Simpson
Stale Engineer
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ep/e9Y Kenneth w. Knox
Division Engineer
Re: Sediment Ponds MB-3 & MB-2R
W. Div. 4. W. Dist 90
Dear Kathleen
I have completed reviewing the As-Built drawings for the above
referenced ponds submitted by your letter of March 17, 1995. The
purpose of this letter is to, hopefully, address and resolve any
issues surrounding the stipulations of your permit for the ponds.
In a telephone conversation with Ms. Christine Johnston, of
the Colorado Division of Minerals and Geology, I learned that the
stipulation placed in your permit was based upon general direction
of our Denver office staff relating to constructiol of water
impoundment dams. Also, Ms. Johnston indicated these sediment
ponds were permitted under the Colorado Surface Coal Mining
Reclamation Act, Sections 34-33-101 through 137, C.R.S. (1973).
Specifically, Section 34-33-120 applies to siltation structures.
The Statues for regulation of reservoirs in Colorado, Sections 37-
87-101 through 37-87-125, however, provide an exemption for these
type structures. Section 37-87-114.5(d), C.R.S. (1973)(1994
Supp.), copy attached, states, provisions of sections 37-87-105 to
37-87-114 shall not apply to siltation structures permitted under
article 33 of title 34, C.R.S. Based on review of the plans and
conversations with Ms. Johnston, in my opinion, these ponds are
exempt from statutes governing construction and operation of
reservoirs.
I would also like to take this opportunity to clarify our
position relating to these type structures in order to put the
public safety issues in perspective. Dams of this size are
typically not a serious threat to public safety, but appreciate the
opportunity to comment on the hazard, if any, posed to downstream
properties in the event of failure. Based on their size, location,
and impoundment capacity, these structure would not appear to be a
major threat to public safety. In addition, to my knowledge, no