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WELBORN DUFFORD BROWN £~ TOOLEY. P. C. Mr. Jim Pendleton Colorado Mined Land Reclamation Division February 9, 1988 Page 3 5. Pursuant to those approved revisions, Trapper built three stockponds above and one below the tributary ditch in 1987,1 long before the December inspection. Trapper's calculations show that these stockponds control drainage in approximately 31 acres of the 55-acre area draining to the ditch. (See Figure 1). Hoth the OSM and MLRD inspectors stated that these stockponds were in good condition in their reports of the December, 1987 inspection. 6. By letter dated December 24, 1984, the Division approved revisions to Trapper's rill and gully control plan in section 3.6.3.6 of its permit, as a result of vacated NOV No. C-84-152. That section applied to the tributary ditch and stated as follows at page 3-151: Some rills and gullies that form on retopsoiled areas will not be treated if they are essential in forming drainage systems which are integral parts of the revegetated areas. The Division expressed concerns about Trapper's rill and gully control plan in the initial mid-term review letter dated December 5, 1985. These concerns were resolved in two stages, which addressed rills and gullies on reclaimed side slopes separately from reestablished drainageways. a. At a meeting on July 21, 1987, the Division accepted the plan set forth in Trapper's letter dated July 20, 1987, as an interim control measure for reestablished drainageways. That plan called for certain erosion control treatments to be performed by Trapper in 1987 in the main channel of the Coyote Gulch drainageway, and Trapper did perform those measures. The interim plan did not address the tributary ditch at issue in this NOV, nor was concern about it expressed as the reason for the meeting. b. By letter dated September 29, 1987, the Division accepted Trapper's revised control plan dated 1Trapper's previous statement that two of these ponds were built in 1986 was in error.