REV88504

• Permit No: C1981019
• IBM Index Class Name: Revision
• Doc Date: 7/25/1995
• Doc Name: PN C-81-019 COLOWYO COAL CO LP TR-32
• From: COLOWYO COAL CO LP
• To: DMG
• Type & Sequence: TR32
• Media Type: D
• Archive: No

.~
COAL
COMPANY LP.
An affiliate of Kennecott Energy
and Coal Company
Ms. Erica Crosby
Environmental Protection Specialist
Colorado Division of Minerals and Geology
215 Centennial Building
1313 Sherman Street
Denver, CO 80203
RE: Permit C-81-019
Colowyo Coal Company L.P.
Technical Revision No.32
Dear Ms. Crosby:
III IIIIIIIIIillllll
999
5731 Stata Highway 13
Meeker, Colorado 81641
[phone]
(303) e24-4459 FAX
July 24, 1995
The following information is submitted in response to the Division's correspondence
of June 15, 1995 regarding Technical Revision 32. Our responses correspond to the items
in the Division's letter.
Item #1 Rule 2.10.3(111a) states that maps showing surface and subsurface ownership
contiguous to the permit area are to be included in the permit. The fact that
Colowyo shows the delineation of the entire subject coal leases on Map 2 rather
than just those positions contiguous to the permit area was done solely for our
convenience and use and exceeds the requirements of the cited Rule. Map 1
currently meets the requirements of the Rule and shows the surface owners
contiguous to the permit area.
Item #2 The East Taylor Pond ditch is designed to divert water away from the face of
the fill into the West Pit Fill ditch, which is designed to safely pass runoff from
a 100-year, 24-hour precipitation event. All such ditches in and around the fill
are designed to direct water off the fill into the West Pit Fill ditch rather than
over the outslope of the fill.
As the Division will recall, Colo~vyc recently submitted a pacY,et of information
providing further clarification regarding this issue. We provided the Division
with a copy of a July 19, 1983 Federal Register notice which clarified the
original Federal rules pertaining to drainage above fills and from the surface of
fills. The original Federal rules were slightly revised at that time to eliminate
any confusion regarding 30CFR 816.721a1121. Clearly, the record shows that
the intent of the regulations is to direct surface runoff and runoff from above
the fill into properly designed drainage channel rather than down the outslope
of the fill.
Nowhere in the regulatory record is there the slightest suggestion that the
regulations were written to prohibit the ditch design as proposed by Colowyo.
May we suggest that the Division consider a rulemaking exercise to modify Rule
4.09.2(7) to eliminate the apparent confusion. As we showed in the
information submitted to the Division, OSMRE modified 30CFR 816.72 in 1983
to clarify the language and it would appear appropriate for the Division to
consider doing likewise. Colowyo would be pleased to assist the Division with
the rulemaking requested.
RECEIVED
JUL 251995
Division of Minerals t~ Geology