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iii iiiiiiiiiiiii iii STATE OF COLORADO MINED LAND RECLAMATION DIVISION of ~o~ Department of Natural Resources ~~_ ' '~y 73t3 Sherman St.. Room 215 ~c Denver, CO 80203 ` n ` 303 866.3567 ~. .~ Fn x: 303 832-8t06 rate RoY Romer. Governor Fred R. Banta, June 12, 1991 Division oirector Mr. Robert Hagen, Director Albuaueraue Field Office Office of Surface Mining Reclamation and Enforcement 625 Silver Avenue, S.W., Suite 310 Albuaueraue, New Mexico 87102 Re: New Elk Mine (Permit C-81-012) Ten Day Letter 91-OZ-370-003 TV 4 Issue 3 of 4 Dear Mr. Hagen: On June 6, 1991, Colorado Mined Land Reclamation Division (CMLRD) received the Albuaueraue Field Office (AFO) finding regarding the CMLRD responses to Ten Day Letter (TDL) 91-02-370-003 TV 4. The responses to Issues 1 of 4, 2 of 4 and 4 of 4 have been deemed appropriate b.y the AFO. The CMLRD responses regarding Issue 3 of 4 have been deemed arbitrary and capricious, and thus inappropriate b-y AFO. The CMLRD does not agree with this finding; therefore, we request an informal review of the finding by the Deputy Director, pursuant to 30 CFR 842.11(b)(1)(iii). As I discussed with your office, the appeal timeframe was extended to June 12, 1991. The basis for our appeal is outlined below. The TDL 91-02-370-003 TV 4, issue 3 of 4 was issued for "failure to properly design and construct sedimentation ponds, spillways, embankments, etc. Catchment areas 1 and 2, and through refuse belt sumps described in the accompanying inspection report". The TDL cited Colorado Rules 4.05.6(3)(a-d) and 4.05.6(8)(q). These rules pertain specifically to performance and design standards for Sedimentation Ponds. It is the CMLRD's position that the structures in question are not sedimentation ponds as defined at Colorado Rule 1.04(115). The structures are considered to be dugout ponds and sediment traps, as discussed at Colorado Rule 4.05.5(2). These structures are generally implemented in association with small area exemptions, as allowed b.y Colorado Rule 4.05.2(3). The CMLRD has previously acknowledged that the New Elk Mine permit documents lacked complete water quality demonstrations, pursuant to Rule 4.05.2(3). Therefore, we have required the operator to submit a revision which provides such demonstrations (May 14, 1991 correspondence). Compliance with Rule 4.05.5 (sediment control measures), is considered to be a vital component of the small area exemption request.