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Page 1 of 2 <br />Binns, Janet <br />From: Binns, Janet <br />Sent: Tuesday, August 14, 2007 11:32 AM <br />To: 'p100kman@centurytel.net' <br />Subject: Marr Load Out <br />Attachments: marrload.PDF <br />Hi Mr. Selcer, <br />I've spent the past day and a half trying to research questions regarding the Marr Load Out. <br />The permit is not easily organized and finding the pertinent answers is not an easy task, hence the time it took to <br />try to locate answers. I have printed out portions of the permit that I thought would pertain to your concerns and <br />questions. I will try to scan them and attach them to this a-mail. <br />The current approved post mining land use for the Load Out is Rangeland. Note; at the mine location, the <br />Division was able to approve retention of the sediment ponds as stock water tanks as support of the post-mining <br />land use of Rangeland. One pond is awaiting ok to remain permanent from Colorado Division of Water <br />Resources (DWR) since it falls within an over-appropriated stretch. As a state agency, DRMS is required to notify <br />and receive comment from DWR regarding retaining water impoundments as permanent structures. <br />Rule 4.05.9(13) provides rules regarding allowing impoundments to remain as permanent. Evaporative loss from <br />the pond needs to be factored in as it potentially could be diminution of quality or quantity of water. (4.05.9(13)(d). <br />You asked about the culvert at the gate, is it to remain as a permanent structure? Aker much digging, the only <br />direction I could find regarding the 48-inch culvert was the pre-mining topography does not show the ditch along <br />the North/Northeast side of the load out or culvert at the access road gate (Map 35) nor does the approved post- <br />mining topography map (Map 36). So based upon what is approved in the permit, it would appear that the <br />NorthlNortheast ditch is a load-out diversion ditch, and the culvert is associated with the ditch. If the ditch is to be <br />graded out, the culvert would be removed as well. If there is reason to retain the ditch and culvert, that request <br />would need to be included in a Technical Revision too. <br />My research confirms that the water supply well at the load-out is permanent. The alluvial wells are intended to <br />be reclaimed. <br />The collection ditch along the west side of the load-out is a temporary structure. It is planned and approved to be <br />graded out. Since it is part of the sediment control system, the Division would have to make a findings in <br />accordance with Rule 3.03.1(3)(b). This finding would be considered part of a Phase II bond release. It is a <br />finding the Division would also make when reviewing retention of a pond as a permanent structure. As to filling it <br />with material cleaned from the pond, that would be dependent upon the quality of the material coming out of the <br />pond. <br />Liability timeframe: Rule 3.03.1(3)(e) addresses liability period for alternate post-mining land use, of which <br />residential is included. Rule 4.15.10 (2) also directs that the alternate land use shall be implemented less than 2 <br />years from the approval of the change in land use, and ground cover of living plants shall be adequate to control <br />erosion. Final bond release shall not occur prior to satisfactory cover establishment. <br />To take this a step further, it would not limit you from constructing, however, the Division would not be able <br />to approve final bond release until such conditions are met. The Division would be obligated to continue to <br />inspect the site until final bond release is approved. And yes, we can coordinate with the landowner for access. <br />Coal rules differ from Minerals and rock products that Coal inspections are usually unannounced. On sites that <br />have no personnel on site we often need to coordinate, but unlike rock products or minerals we don't regularly <br />schedule the inspection with the operator. Just wanting to make sure you would understand the State inspectors <br />would be checking the site until the point that we can approve final bond release. <br />think those are the questions you left me with. If you have other specific questions, that you cannot find the <br />answers to in the attached permit pages, please a-mail the questions. Having the questions in written form may <br />8/14/2007 <br />