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y - <br />• <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />7373 Sherman 57.. Room 2t5 <br />Denver. GO 80203 <br />303 866-3561 <br />Fax 303 832-8t06 <br />of ~°ti <br />~.~~, <br />~: ;°~ <br />-r~ ,. <br />/B'16 <br />Rpr ~. <br />Goveno' <br />FeC R Rama <br />Dihs~o~ Cnre~o~ <br />May 18, 1990 <br />Mr. Robert Hagen, Director <br />Albuquerque Field Office <br />Office of Surface Mining <br />Reclamation and Enforcement <br />625 Silver Avenue, SW, Suite 310 <br />Albuquerque, NM 87102 <br />Re: Ten Day Notice 90-02-244-4 - Small Area Exemption Issue <br />Colorado Yampa Coal Company - Mine No. 3 - C-84-062 <br />Dear Mr. Hagen: <br />We have received and reviewed your letter dated May 10, 1990. The letter was <br />received at our office on May 14, 1990. First, it is our understanding that <br />the Division response regarding possible violation number 1 of 2 has been <br />deemed acceptable, and that no further response will be required by your <br />office. <br />Our response regarding the possible violation number 2 of 2 is outlined as <br />follows. We still believe that because the Division specifically approved the <br />area referenced in the Ten Day Notice 90-02-244-4 as a small area exemption, a <br />violation is not justified. Please note that the operator did submit the <br />attached information which commits to the implementation of such erosion <br />control methods as soil chiselling, seeding and contour furrowing as a basis <br />for requesting the exemption. In fact, the area has excellent vegetation <br />cover, and there is no visual evidence of accelerated or excessive erosion. <br />Regardless, we have required that the operator submit additional information <br />in the form of a revision, which more clearly demonstrates compliance with our <br />Rule 4.05.2(3). Our letter to Colorado Yampa Coal Company is attached. The <br />operator will submit a revision, within 30 days of May 17, 1990, which will <br />include such provisions as water sampling on the Homestead Ditch, and a <br />Universal Soil Loss Equation application based on field Derived data. If the <br />revision fails to verify compliance with Rule 4.05.2(3), then more rigorous <br />sediment control methods will be required. <br />iii iiiiiiiiiiiu iii d~ <br />STAT~OF Cv~..vn.r-Lliv <br />