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iii iiuiiiiiiiuiii~ ~,~.~; ,: ;,... _ 999 ~. \ ~. ENERGY.INCORPORATED IVEp SOUTHBRIDGE EAST 6130 SOUTH MEMORIAL TULSA, OKLAHOMA 74133 (918) 252-5033 AUG 2 3 1990 August 20, 1990 Mined Land Reclamation Division Mr. Dan T. Matthews Mind Land Reclamation 1313 Sherman St. Room 215 Denver, CO 80203 ~ _ Dear Mr. Matthews, I have gone through the required revisions for the h:idterm review and hope to clarify some of the areas which you have listed in your latest letter. I do apologize for not responding earlier, but as we have discussed before, there are a lot of points to address. I spoke with Mr. Stevens at the mine site and told him that I have been working through the review, and didn't think the review could be covered by the 15th, and he didn't think there would be a problem, as long as we were making headway. The points have been looked at and a great deal of work is being done on site. I do believe that we can get this in technical form in the next few months but not before. The reason being that with all of the work being done, it would be foolish to do the work out of sequence. I will have a follow up on these issues two weeks from now. (1) The residency requirements stated in Rule 5.03.4(3)(B) and (C). As acting agent and Vice-President of L&L Energy, I do meet these requirements. In the regulation it states that the agent must have residency in the state of operation. This is in compliance, because I am still.a Colorado resident. I can send proof by sending a copy of Colorado tax forms or a copy of my driver's license. I believe these documents should be adequate. (2) Section 2.03.5. The section is not clear as far as the information you are asking for. The violations have been listed. Blue Flame Coal Company has been "cited" with NOV-C-009 and NOV-C-88-037 which were related to the drainage control plan as well as the sediment pond. This violation was directed to the berm placement and ditch sizes, as well as rip-rapping the ditches because of the degree of slope. This issue with rip-rapping the drainage ditches was found to be at fault with Mike Savage. He wrote part of the violation for improper rip-rapping and when you came out to the site you advised against it. You said that the steep slopes were made up of sandstone and did not need to be rip-rapped. However, the sediment pond was also in question as to its size and capacity to hold the run off for the ten year, twenty-four hour storm. The pond and the drainage control plan has been constructed and are now in compliance to all pertinent regulations.