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iii iiiiiiiiniu iii <br />999 <br /> STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanment o(Natural Resources oe~co~ <br /> <br />1313 Sherman St., Room 215 „~~ <br />a <br />~ o <br />~ <br />Denver, CO 80203 . <br />Phone: (3031866-3567 ' refs <br />FA%:1303) 8328706 <br /> Roy Romer <br /> Governor <br /> M¢hael g. tong <br /> Division Director <br />August 2, 1993 <br />Mr. Jim Kiger <br />Senior Environmental Specialist <br />Colowyo Coal Company <br />5731 State Highway 13 <br />Meeker, CO 81641 <br />RE: Modification of NOV C-93-077 (C-81-019) <br />Dear Mr. Kiger: <br />This letter is in response to Colowyo's correspondence of June 2, <br />1993 requesting that NOV C-93-077 be vacated. Subsequent to that. <br />letter, Colowyo submitted additional information requested .by the <br />Division. Based upon the Division's review of that information and <br />additional storm modelling data, the NOV is being modified as <br />indicated on the enclosed modification notice. <br />Estimations of flows in the south perimeter ditch and storm <br />modelling data indicate the storm event which caused the ditch to <br />fail was in excess of the 10-year, 24-hour event which the ditch <br />was designed to handle. There is no evidence that the inability of <br />the ditch to pass the flow was due to a failure to maintain the <br />ditch. Therefore, the portion of the NOV citing failure to <br />maintain the ditch has been deleted: <br />The other citations in the NOV address failure to pass disturbed <br />area runoff through a sediment pond, disturbance outside the permit <br />area, and lack of design information for portions of the collection <br />ditch system. Facts regarding these violations can be discussed at <br />the assessment conference which is scheduled for August 17,1993. <br />Prior to that time, Colowyo should submit a technical revision <br />application to the Division by abatement due date of August 16, <br />1993. The due date is the ninetieth day after issuance of the <br />Violation, which is the maximum abatement period allowed by Rule <br />5.03.2(2)(b). <br />