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<br />Mr. Robert Hagen - 2 - April 1, 1991 <br />Part 3 of the TDN concerns catchment basins 1 and 2 at the west portal and <br />sumps near the refuse belt. The staff has not been able to fully research the <br />record with regard to the design and approval of the cited structures. The <br />Division also wishes to evaluate AFO's interpretation of the Colorado <br />regulations with regard to the assertion that these structures are indeed <br />impoundments and must comply with the criteria pertinent thereto. Therefore, <br />the Division believes that additional time is warranted to fully investigate <br />this matter as provided for under 30 CFR 842.11 (b)(1)(ii)(B)(4), and requests <br />AFO's concurrence with the Division taking an additional ten days to evaluate <br />the extenuating circumstances which make this a particularly difficult issue <br />to evaluate. <br />~rt 4 of the TDN alleges that the operator does not have a valid liability <br />insurance certificate. AFO also alleges that "self-insurance is not allowed <br />in Colorado at this time under MLRD regulations." The Division believes that <br />Wyoming Fuel Company has adequate insurance coverage and has adequate <br />documentation of that fact. Further, the Division is concerned that this <br />issue is now appearing as an issue in the field when it has been slated as a <br />program oversight element for 1991. In a letter from Robert Hagen to <br />Fred Banta dated July 5, 1990 it is stated: "AFO believes that self-insurance <br />is not authorized under Colorado's approved program. AFO had previously <br />discussed this with MLRD's Mike Long, who indicated that an Attorney General's <br />opinion held that self-insurance was permissible in Colorado. AFO believes <br />that self-insurance would be allowable if appropriate regulations were <br />I promulgated for the State program. The self-insurance question will be <br />incorporated as an element of the 1991 annual report work plan." Therefore, <br />prior to further response on this TDN the Division wishes the format for <br />~ review of this issue clarified. <br />If you have any questions please feel free to call. <br />Sincerely, <br />-. <br />Steven G. nner <br />Coal Program Supervisor <br />SGR/mss <br />CC: Michael Savage <br />Berhan Keffelew <br />4569E <br />