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i_I STATE OF COLORADO MINED LAND RECLAMATION DIVISION Department of Natural Resources 1313 Sherman SI., Roam 215 Denver, CO 80203 303 866-3567 Fa X: 303 832-8106 OF' Cpl ~~~ V A7 e. ~6 ~ •i~8+nya r ~un_y" ~ rB'16 ~ Roy Romer, Governor May 3 , 1991 Fretl R Banta, Division Director Mr. Robert Hagen, Director Albuquerque Field Office Office of Surface Mining Reclamation and Enforcement 625 Silver Avenue, S.W., Suite 310 Albuquerque, New Mexico 87102 RE: New Elk Mine (Permit C-81-012) Ten Day Letter X-91-02-370-003-TV4 Dear Mr. Hagen: On April 24, 1991, the Division received the AFO review of the Division's April 1, 1991 initial response and April 10, 1991 supplementary response to the above referenced Ten Day Letter. In the AFO review, The Division's response to Issue 2 of 4 was deemed appropriate; to Issues 1 of 4 and 4 of 4 inappropriate; and, in regard to Issue 3 of 4, an additional 10 days was provided for the Division to review the regulations and program and to submit its final response. The Division has reviewed its response to Issue 1 of 4 in light of the AFO finding and responded April 29, 1991. Issue 3 of 4 will be addressed with this letter. A supplementary response on Issue 4 of 4 will be provided by May 6, 1991, as per our verbal agreement on April 29, 1991. Issue 3 of 4 involves citations of state regulations 4.05.6(3)(a-d) and 4.05.6(8)(8) which pertain to sedimentation ponds. Specifically mentioned was "Failure to properly design and construct sedimentation ponds, spillways, embankments, etc, Catchment areas 1 & 2, and three belt sumps..." The Division has reviewed the permit package and the history of these structures and finds no evidence that the operator (or the Division) ever intended that they be designated as sedimentation ponds. In order that these structures be considered sedimentation ponds and subject to the requirements of the rules cited, they must meet the requirements of Rule 1.04(115) which indicates that ~-; sedimentation ponds are to be designed, constructed, and maintained in ____accordance with Rule 4.05.6. These structures do not so qualify. These structures are described on permit area maps as containment areas or are associated with contained areas and are all designed, constructed, and maintained to contain runoff from small disturbed areas where use of sediment ponds is neither necessary nor practical. One of these structures, the one associated with the belt structure north of the highway, is in fact associated with an area approved for exemption from normal surface control measures under Rule 4.05.2(3) (See Minor Revision 15 ). The fact that all areas associated with these structures are not so designated is indeed a permit defect that the Division will direct the permittee to address through the minor revision process.