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.~ ~ • DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1 } 1 }Sherman 51., Room 215 Denver, Colorado 80203 Phone: 13071 866 3567 FA%: 130 31 8 7 2-81 06 June 23, 1995 • iii iiiiiiiiiiiiiiii STATE OF COLORADO I~~ DEPARTMEIJT OF NATURAL RESOURCES Roy Romer Mr. A. J. Iuppa c°"e`"°` 9580 County Road 69.3 E ecmrve Dhecmr Trinidad, CO 81082 n,~chael s Long Division Dueclor Re: Raton Creek Mine, CDMG Permit No. C-82-055. Office of Surface Mining Response to Review of TDN X-95-020-179-001-TV-2. Dear Mr. Iuppa: The Division has received a response from the Office of Surface Mining regarding TDN X- 95-020-179-001-TV-2. This TDN involved the issue regarding the Starkville Gulch permanent diversion 8-foot diameter culvert and the slope gradient of the West face of the coal waste bank. The OSM indicates that the retention of the 8-foot diameter culvert has been approved appropriately, and the Division was appropriate in the release of the grading reclamation liability of the West slope of the coal waste bank. In essence, the OSM and the Division agree to allow the 8-foot diameter culvert in the Starkville Gulch to remain as is, and no additional slope grading of the West face of the coal waste bank needs to be done. Grading of the West slope may be conducted in the future should the formation of gullies necessitate, but the entire slope angle does not need to be graded out. I will continue to keep you informed of issues that come up at the Raton Creek Mine. Currently, the Division has required Energy Fuels Mining Company to establish a cover crop on the site to stabilize the soil and minimize erosion. Consultation with the local Natural Resources Conservation Service (formerly SCS) indicated that it was too late to seed the permanent seedmix and that seeding a cover crop now, with fall seeding of the permanent seedmix in the fall would provide a better chance of success.