HYDRO30605

• Permit No: C1996084
• IBM Index Class Name: Hydrology
• Doc Date: 1/22/2003
• Doc Name: Sediment Pond As-built Certifications review letter
• From: DMG
• To: Lorencito Coal Company
• Permit Index Doc Type: Prof Pond Certifications
• Media Type: D
• Archive: No

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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAx~3a~~;a~~ 2003
Elmer Bentley
Lorencito Coal Company, LLC
20500 Highway 12
Weston, CO 81091
RE: Review of Sediment Pond As-built Certifications
Lorencito Canyon Mine, #C-96-084
Mr. Bentley:
DIVISION OF
MINERALS
GEOLOGY
RECLAMATION
M INING•SAFETY
Bill Owens
Governor
Greg E. Walther
Executive Director
Ronald W. Cattany
Acting Division Director
The Division of Minerals and Geology has recently completed a thorough review of the as-built
certifications received for all sediment ponds built to-date at the Lorencito Canyon Mine. This
review was conducted in accordance with along-standing DMG policy regarding professional
certification. The significant portion of the policy is stated below in italics for your convenience.
The purpose of professional certifications is to certify that roads, ponds, and embankments have
been built as designed, and inspected and monitored in accordance with the regulations. The
Division has become aware of cases where professional certification has not been timely,
appropriate, or acceptable in accordance with the Rules and Regulations for Coal Mining. Three
recurrent types of problems are apparent.
1. Structures have been certified only as being in compliance with the requirements of the
regulations or prudent state-of--the-art without being certified as having been built in
accordance with the approved design.
2. Incidences where the structure could not be built as designed due to the topography of
the site where the structure was to be placed differing significantly from mapped pre-
mining configuration.
3. Flawed inspections and certifications due to inadequate professional practices.
The purpose of this policy is to emphasize the need for exercising care in professional
certification and professional responsibility as required by the Act.
An acceptable professional certification contains clear and unambiguous statements presenting
the following information, at a minimum:
1) A statement of the professional qualifications of the certifying professional
2) A citation of the Rule requiring the certification
3) A specific description of the subject of the certification
4) A statement of the actions taken in preparing the certification, including such things as
inspections performed (date, time, weather and methods), laboratory or field testing preformed,
plan or permit documents reviewed, and consultation with other professionals.