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ESL III IIIIIIIIIIIII III 999 United States Department of the Interior OFFICE OF SURFACE MINING RECLAMATION ANDENFORGEMENT SUITE 310 625 SILVER AVENUE, S. W. ALBUQUERQUE, NEW MEXIGO 87102 DEC 21 1987 Mr. Fred Banta, Director Mined Land Reclamation Division Department of Natural Resources 423 Centennial Building 1313 Sherman Street Denver, CO 80203 Re: Ten-Day Notice 87-02-107-14 Dear Mr. Banta: Tw~t~ 'Qines TAKE ~~ ~~ ~ ~ In Reply Refer To: 4480 SFP DEC ^3 1987 ~V:L~i ~~ ~.l'ti~,si C2tCLIaNiE~TiOh! U~':%:,"~~~~ The Office of Surface Mining Reclamation and Enforcement, Albuquerque Field Office (AFO) received the Colorado Mined Land Reclamation Division's (Division) response to the above-referenced Ten-Day notice (TDN). Our records indicate that the response due date was December 1, 1987; we did not receive it until December 4, 1987. On November 23, 1987 a Division representative contacted AFO to discuss the TDN. Our records of the telephone conversation do not indicate that a conclusive response was provided. AFO finds the Division's response to the TDN to be initially appropriate, however late. In addition, the practice of combining principal and emergency spillways in one outlet as relates to the interpretation of the Colorado regulations is an issue that OSMRE is continuing to evaluate. Also, the response indicates that the principal spillway for each pond is a 6-inch drain that is at the sediment storage level and is designed to dewater a 10-year event. This appears to be contrary to the Colorado regulations. Rule 4, Section 4.05.6(a) through (e) describes the types of dewatering devices that shall be employed on sediment ponds. The regulations indicate that the devices are located at different elevations, sediment storage level, 10-year, 24-hour storm level, and the 25-year, 25-hour storm level. The response seems to imply that the sediment storage level and the 10-year, 24-hour level are one and the same at the Twin Pines No. 2 sediment pond. The Division may want to reconsider the design if this is the case.