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i~~iiiiiiiiniiiiu <br /> <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />1313 Sherman SI., Room 275 <br />Denver, CO 80203 <br />303 666-3567 <br />Fnx~303 832-8706 <br />August 27, 1990 <br />Mr. Robert Hagen, Director <br />Albuquerque Field Office <br />Office of Surface Mining <br />Reclamation and Enforcement <br />625 Silver Avenue, S.W., Suite 310 <br />Albuquerque, New Mexico 87102 <br />RE: Ten Day Notice X-90-02-244-3, Peabody Coal Company, Nucla Mine, <br />Permit C-81-008 <br />Dear Mr. Hagen: <br />OF'~~fp <br />R~ ,A~ <br />„~%` .~$ <br />. "~ rT,° ,~. . <br />r <br />~ r8'!6 ~ <br />Ray Ramer, <br />Goverror <br />Fretl R. Banta. <br />Division Director <br />On August 16, 1990 we conducted a complete inspection of the Nucla Mine. <br />Representatives of OSMRE-AFO were present during this inspection and field <br />issued the above TDN. The Notice was received in our office on August 20, <br />1990. <br />TV 1 of the TDN alleges a "Failure to protect impoundment sideslopes from <br />surface runoff to minimize erosion" and cites Rule 4.05.9(5). It is my <br />understanding based on my conversation with your inspector that the condition <br />which lead to this TDN item is the existence of a number of small rills on the <br />excavated inslopes of sediment ponds 002, 004, and 005. It was my inspector's <br />observation that most of these rills were evident in the vegetated undisturbed <br />area immediately above the pond inslopes. These small features therefore <br />re-expressed themselves down the base of the slopes after pond construction. <br />Since all these features are small we believe that Peabody has minimized <br />erosion by constructing shallow slopes in accordance with Rule 4.05.9(5). <br />Close inspection of the permit by the Division inspector indicated a <br />commitment to seed and vegetate the inslopes. It is apparent that this has <br />not occurred and is required by Rule 4.05,9(6). Therefore, based on our <br />observation of these field conditions and our subsequent review of the permit, <br />we have issued Notice of Violation C-90-036 for failure to vegetate and <br />stabilize sediment pond embankments and sideslopes on sediment ponds 002, 004, <br />and 005. This was cited as a violation of C.R.S. 34-33-120(2)(d), Rules <br />4.05.6(8)(f) and 4.05.9(6) and permit application package attachments 13-C <br />(pg. 14), 13-D (pg. 15) and 13-E (pg. 15). <br />We share the concern for proper protection of the topsoil stockpiles on site <br />as expressed by TY 2 of the TDN and have therefore issued Notice of Violation <br />C-90-035 for failure to design, construct and maintain appropriate sediment <br />control measures for topsoil stockpiles 8 and 13 in order to prevent additional <br />STATE OF COLORADO <br />