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iiii-i <br />ii <br />i <br /> 9 <br />i <br />iiiii <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />1313 Sherman SI .Room 215 <br />Denver, CO 80203 <br />303 666-3567 <br />Fnx 303 632-6106 <br />February 8, 1990 <br />Mr. Robert Hagen, Director <br />Albuquerque Field Office <br />Office of Surface Mining Reclamation and Enforcement <br />625 Silver Avenue, SW, Suite 310 <br />Albuquerque, NM 87102 <br />RE: TDN X-90-02-107-2-TV1, CCMC No. 1 Mine (C-81-0241 <br />Dear Mr, Hagen: <br />R4iOFpp~O~~P <br />N~ ".'n71: ~ Igi <br />.~~:::. <br />\4.. ,.'j <br />~ lei6 ~ <br />Roy Romer -- -- <br />Governo~ <br />Fred R. 0ama <br />Division D:ceaor <br />This letter will serve as the Division's response to the above-referenced Ten <br />Day Notice issued January 29, 1990 and received by this office Februarv 1, 1990. <br />The notice cites a violation of Rules 4.05.3(5) and 4.05.6(3) for failure to <br />demonstrate that a diversion ditch is no longer needed before it is removed <br />and/or failure to desion, construct and maintain a sediment pond to provide <br />storage for runoff from a 10-year, 24-hour precipitation event. In accord with <br />OSM Directive INE-27, part 1(b), the Division has not taken enforcement action <br />because this situation is the result of a permit defect. The Division has <br />notified the operator in writing that a permit revision is necessary prior to <br />March 12, 1990 to address this issue in accordance with part 3(b)(1)(c). A <br />copy of the letter is enclosed. <br />The permit defect resulted from the Division's inadvertent approval of <br />backfilling the diversion ditch as Dart of the revised reclamation plan (TR-09) <br />in January, 1989. By reclaiming the diversion, the operator was complying with <br />the approved revised permit. <br />Since the sediment pond is not adequately sized to treat runoff from both the <br />reclaimed area and the undisturbed upland watershed, the Division is requiring <br />that: (1) a diversion ditch be installed to intercept runoff from the <br />undisturbed upland area or, (2) the sediment pond be enlarged. The sediment <br />pond as built, has the capacity to store runoff from the reclaimed area <br />resulting from a 10-year, 24-hour precipitation event. <br />STATE OF COLORADO <br />