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iii iiiiiiiiiiiu iii <br />STATE OF COLORADO <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />7373 Sherman St.. Room 2t5 <br />Denver, CO 80203 <br />303 666-3567 <br />Fax: 303 8328706 <br />June 12, 1991 <br />Mr. Robert Hagen, Director <br />Albuaueraue Field Office <br />Office of Surface Mining <br />Reclamation and Enforcement <br />625 Silver Avenue, S.W., Suite 310 <br />Albuaueraue, New Mexico 87102 <br />OF' COQ <br />„T i/ <br />f: ' <br />~ /976 ~ <br />Roy Romer. <br />Governor <br />Freo R, Banta. <br />Oirlson Director <br />Re: New Elk Mine (Permit C-81-012) Ten Day Letter 91-02-370-003 TV 4 <br />Issue 3 of 4 <br />Dear Mr. Hagen: <br />On June 6, 1991, Colorado Mined Land Reclamation Division (CMLRD) received <br />the Albuaueraue Field Office (AFO) finding regarding the CMLRD responses to <br />Ten Day Letter (TDL) 91-02-370-003 TV 4. The responses to Issues 1 of 4, 2 of <br />4 and 4 of 4 have been deemed appropriate by the AFO. The CMLRD responses <br />regarding Issue 3 of 4 have been deemed arbitrary and capricious, and thus <br />inappropriate b,y AFO. The CMLRD does not agree with this finding; therefore, <br />we request an informal review of the finding by the Deputy Director, pursuant <br />to 30 CFR 842.11(b)(1)(iii). As I discussed with your office, the appeal <br />timeframe was extended to June 12, 1991. The basis for our appeal is outlined <br />below. <br />The TDL 91-02-370-003 TV 4, issue 3 of 4 was issued for "failure to <br />properly design and construct sedimentation ponds, spillways, <br />embankments, etc. Catchment areas 1 and 2, and through refuse belt sumps <br />described in the accompanying inspection report". The TDL cited Colorado <br />Rules 4.05.6(3)(a-d) and 4, 05.6(8)(q). These rules pertain specifically <br />to performance and design standards for Sedimentation Ponds. It is the <br />CMLRD's position that the structures in question are not sedimentation <br />ponds as defined at Colorado Rule 1.04(115), The structures are <br />considered to be dugout ponds and sediment traps, as discussed at <br />Colorado Rule 4.05.5(2). These structures are generally implemented in <br />association with small area exemptions, as allowed by Colorado Rule <br />4.05.2(3). The CMLRD has previously acknowledged that the New Elk Mine <br />permit documents tacked complete water quality demonstrations, pursuant <br />to Rule 4.05.2(3). Therefore, we have required the operator to submit a <br />revision which provides such demonstrations (May 14, 1991 <br />Correspondence). Compliance with Rule 4.05.5 (sediment control <br />measures), is considered to be a vital component of the small area <br />exemption request. <br />