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J. E. STOVER & ASSOCIATES <br />2768 COMPASS DRIVE, SUITE 101 <br />GRAND JUNCTION, COLORADO 81506 <br />PHONE: (970) 245-4101, FAX 242-7908 <br />MINE ENGINEERING <br />MINE RECLAMATION <br />November 29, 2001 <br />Dan Mathews <br />Division of Minerals and Geology <br />101 South 3`' Suite 301 <br />Grand Junction, CO 81501 <br />Re: Powderhorn Coal Company <br />Technical Revision TR-39 <br />Pond 12, NOV CV-2001-017 <br />Permit C-81-041 <br />Dear Mr. Mathews: <br />iiiiiiiiiiiiiiiiiii <br />999 <br />CIVIL ENGINEERING <br />CONST. MANAGEMENT <br />The DMG issued the referenced notice of violation for failure to construct and maintain mine water <br />treatment Pond 12 as necessary to ensure integrity and stability of the pond embankment and <br />foundation, and to ensure adequate containment and treatment of inflow from underground mine. <br />Abatement step one was to excavate and fill in cracks, which is complete. The remaining <br />abatement requirement is to complete necessary final grading and compaction of repair area and <br />submit P.E. Certification Report by December 20, 2001 in accordance with Rule 4.05.9(14)(b). The <br />NOV was amended to permanently discontinue use of Pond 12 for water treatment. <br />PCC has decided to breach the embankment between Pond 12 and Pond 5 so Pond 12 is no <br />longer a pond. The embankment will be graded into the bottom of Pond 12 so run-off will flow into <br />Pond 5. Pond 12 be asub-drainage area to Pond 5 as shown on page RSN-22, rather than an <br />extension or part of Pond 5. <br />Enclosed is an application for a technical revision to provide the partial reclamation of Pond 12. <br />After the pond embankment is breached, Pond 12 will no longer exist. <br />Amended page 13-7 notes pond 12 was partially reclaimed during the fourth quarter of 2001 <br />because it was no longer needed for the operation. Additionally the bottom of the pond failed and <br />caused anon-compliance discharge on November 18 and19, 2001. Enclosed is a new drawing <br />RSN-51 to be inserted into Appendix 13-2. This drawing shows the propsed configuration of <br />partially reclaimed pond 12. Also enclosed is an amended table of contents page for Appendix 13- <br />2. <br />Please let me know if you have any questions. <br />Sincerely, <br />'J. E. Stove <br />Consulting Engineer <br />