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<br />homes are located in the immediate vicinity that would be impacted <br />in the unlikely event of failure of either one of the structures <br />before flood waters reach the North Fork of the Gunnison River. <br />Since the Surface Coal Mining Reclamation Act also requires design <br />and construction oversight by a registered professional engineer, <br />provisions for quality control are in place under the permitting <br />process. <br />Because of the stipulation of your permit, I hereby acquiesce <br />that the As-Built drawings you provided meet provisions of the <br />Rules and Regulations for Dam Safety and Dam Construction. <br />However, the dams are exempt from regulation by our office. For <br />future reference, the drawings will be filed in this office with <br />documents relating to the other existing dams associated with <br />operations at the West Elk Coal Mine. <br />I hope this letter provides you the necessary documentation to <br />satisfy the stipulations of your permit. Please, do not hesitate <br />to contact me if you have any questions relating to our dam safety <br />program. <br />Sincere r <br />~~ <br />C;\ <br />J mes G. Norflee~ <br />Dam Safety Engineer <br />cc: Ken Knox, Division Engineer <br />Bob Starr & Cliff Davis, Water Commissioner <br />Al n Pearson, Dam Safety Branch <br />Christine Johnston, Division of Mineral & Geology <br />