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• ~l° ~ STAT~OF COLORADO <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />1373 Sherman St.. Room 215 <br />Denver. CO 80203 <br />303 866-3567 <br />Fa x. 303 832-8106 <br />~F~10 <br />Mc/ ~~t.Jf: g1a'J <br />\~~l 6~. <br />Roy Romer. <br />Governor <br />Fretl R Bama <br />May 17 , 1990 Division D~re~tor <br />Mr. Marcus Middleton <br />Colorado Yampa Coal Co. <br />29587 Routt County Road No. 27 <br />Oak Creek, CO 80467 <br />Re: Small Area Exemption - 1983 Seeding Parcel - Mine No. 3 - C-84-062 <br />Dear Mr. Middleton: <br />During the March 20, 1990 complete inspection of Mine No. 3, the previously <br />approved small area exemption located above the Homestead Ditch came under <br />scrutiny. Specifically, it was discovered that although the 1983 seeding area <br />located above the Homestead Ditch was clearly included as a small area <br />exemption (final approval: November 24, 1986), the approval did not contain <br />the demonstrations required at Rule 4.05.2(3). <br />It is our understanding that Colorado Yampa Coal Company agrees to submit a <br />revision which provides such a demonstration. During our conversation earlier <br />today, we agreed that the revision will oe submitted within 30 days, and it <br />will include such details as a plan to sample water in the Homestead Ditch, <br />and a plan to gather field derived data for use in a USLE type sediment yield <br />model. These components will be used to demonstrate that the 1983 seeding <br />area is in compliance with the requirements of Rule 4.05.2(3). If the <br />demonstration does not verify compliance, then some form of sediment control <br />structure must be required. It is also our understanding that the existing <br />silt fence below the 1986 seeding area will be replaced with a new fence. <br />Thank you for your cooperation, and I look forward to receiving the <br />application shortly. <br />Sincerely, <br />f~A. Berry <br />amation Specialist <br />DAB/ern <br />cc: Jim Stevens, ML RD <br />7230E <br />