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III IIIIIIIIIIIII III <br />999 <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />1313 Sherman 5<., Roam 275 <br />Denver, CO 80203 <br />303 866-3567 <br />FA K: 303 632-810fi <br />STATE OF COLORADO <br />of ~o~ <br />Nei <br />~~=° <br />• r <br />~ re76 ~ <br />May 16, 1991 <br />Mr. Robert Hagen, Director <br />Albuquerque Field Office <br />Office of Surface Mining <br />Reclamation and Enforcement <br />625 Silver Avenue, S.W „ Suite 310 <br />Albuquerque, New Mexico 87102 <br />Re: Ten Day Letter X-91-02-370-003 TY 4 <br />New Elk Mine (File No, C-81-0121 <br />Dear Mr, Hagen: <br />Roy Romer. <br />Gavertpr <br />Fred R. Banta. <br />Division Director <br />On May 14, 1991, Mr. Steve Rathbun of your office and I agreed that Colorado <br />would clarify its response to the above referenced Ten Day Notice by no later <br />than•May 16, 1991. I have reviewed the Ten Day Letter and the associated <br />correspondence, and wish to clarify our May 3, 1991 response. <br />Catchment areas 1 and 2; and the refuse belt sumps above the river, east and <br />west of the belt should be permitted as small area exemptions. These <br />facilities meet the requirements of Rule 4.05.2(3) in that they are <br />non-discharging, and thus comply with Rule 4.05,2(71. Also, each respective <br />reporting watershed is limited. Thus, the requirements of Rule 4,05.6, as <br />cited in the Ten Day Letter, are not applicable. We have required the <br />operator to amend the approve permit to incorporate these Structures as small <br />area exemptions by June 5, 1991. A copy of that correspondence is enclosed. <br />Please note that the refuse belt sump below the refuse impoundment and west of <br />the belt, has been previously approved as a small area exemption. This <br />particular sumo should be withdrawn from the Ten Oay Letter. <br />I hope that this clarifies our previous response, <br />that the State has taken the appropriate action in <br />contact me if you have questions or comments. <br />Sincerely, <br />Steven G. Renner <br />Coal Program Supervisor <br />SGR/ern <br />Enclosure(s) <br />and allows the AFO to find <br />this matter. Please <br />CC: Jim Stevens, MLRD <br />Davi d Berry, MLRD 5666E <br />