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STATE OF COLORADO <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />7313 Sherman St.. Room 215 <br />Denver, CO 80203 <br />303 866-3567 <br />FA K: 303 832-8106 <br />April 1, 1991 <br />Mr. Robert Hagen, Director - <br />Albuquerque Field Office <br />Office of Surface Mining Reclamation and Enforcement <br />625 Silver Avenue, S.W., Suite 310 <br />Albuquerque, New Mexico 87102 <br />oF.~o~o~ <br />~ y876 ~ <br />Roy Ramer. <br />Gavemor <br />Fretl R. 8arna. <br />Division Director <br />Re: Ten Day Letter X-91-02-370-003-TV4 issued to Wyoming Fu e1 Company, <br />New Elk Mine (File C-81-012) <br />Dear Mr. Hagen: <br />This letter will serve as the Division's response to TDN X-91~02~370-003-TV4 <br />issued to the Wyoming Fuel Companies' New Elk Mine (C-81-012) and received by <br />the Division on March 22, 1991. <br />The TDN contains four alleged violations resulting from a federal oversight <br />inspection conducted jointly with the Division on February 20 and 21, 1991. <br />Part 1 of the TDN addresses an alleged lack of designs for the underdrains at <br />the refuse disposal area at the mine. The staff has not been able to fully <br />research the record with regard to the design and approval of the cited <br />underdrains or contact the personnel which were directly involved in the <br />evaluation of the designs. Therefore, the Division believes that additional <br />time is warranted to ful]y investigate this matter as provided for under <br />30 CFR 842.11 (b)(1)(ii)(B)(4). We request AFO's concurrence with the <br />Division's proposal to take an additional ten days to evaluate the record and <br />other extenuating circumstances which make this a particularly difficult issue. <br />Part 2 of the TDN addresses the lack of demonstrations for areas employing <br />alternative sediment control. The Division agrees that the information <br />present in the permit does not meet the requirements for demonstrations for <br />alternative sediment control as now conceived. For that reason the Division <br />is requiring the permittee to provide these demonstrations and revise the <br />permit within thirty days of notification to the company. This notification <br />will take place this week and the Division will copy AFO on the notification. <br />