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f JM <br />,` ~. <br />i <br />2 <br />The Division views stabilization of the West Pit drainage as a <br />crucial part of the GEC reclamation plan. GEC funds will be spent <br />toward that end, if necessary. Alternatively, the channel <br />protection could be down-sized to fit the available funds. It also <br />appears imperative that the West Pit work be completed in the near <br />future since East Pit reclamation plans will apparently lead to <br />removal of the road which provides access to the West Pit. <br />Your second question pertained to requirements that channel designs <br />be done by a professional engineer. When the State undertakes <br />reclamation of a bond forfeiture mine site, it acts as directed by <br />CRS 33-44-124(4). The statute requires that the approved <br />reclamation plan be implemented with available funds to the extent <br />possible. However, the State is not subject to Title V <br />requirements of SMCRA and does not assume the liability of the <br />previous permittee. The CSCMRA requirement that permanent <br />diversions constructed as part of a coal mine operation be designed <br />by a registered professional engineer is not applicable to the <br />State when it undertakes reclamation of a bond forfeiture site. <br />I do not believe the Division has received a response from you in <br />regard to the proposed modification of the West Pit agreement <br />outlined in my November 8, 1993 letter. in order to allow Mr. <br />Kessler to procure materials and complete work in the West Pit, the <br />Division needs to direct him to follow one of the two proposed <br />plans for drainage improvements as soon as possible. Toward that <br />end, we need to know whether you intend to agree to modifying the <br />agreement as proposed in the November 8 letter. A copy of that <br />letter is enclosed for your reference. <br />I will be attempting to contact you <br />meeting to discuss the West Pit work. <br />Kessler to one of the plans as soon as <br />Sincerely, <br />~-~!/ <br />/Larry P. Routten <br />Environmental Protection Specialist <br />enclosure <br />cc: Erica Crosby <br />Steve Renner <br />this week about a possible <br />We would like to direct Mr. <br />possible. <br />c:\wp51\12893 <br />