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Mr. Robert Hagen - 4 - January 29, 1993 <br />Colorado contends that there is no violation of the rules as alleged in the <br />Ten Day Notice. The structures in question are impoundments, not sediment <br />ponds. Further, they are excavated impoundments without embankments or dams. <br />Therefore, the requirements for certification do not apply to these <br />structures. The Colorado Division of Minerals and Geology has correctly <br />interpreted its regulations and appropriately applied them in permitting the <br />impoundments in question. Therefore, the Division of Minerals and Geology <br />requests that the Deputy Director reverse the determination of the Albuquerque <br />Field Office. <br />Please contact me if you have any questions or comments. <br />Sincerely, <br />Steven G. Ren er <br />Coal Program Supervisor <br />SGR/scg <br />cc: Michael 8. Long <br />Janet Binns <br />Larry Routten <br />6121E <br />