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III IIIIIIIIIIIII III <br />STATE OF COLORADO <br />DIVISION OF h11NERALS AND GEOLOGY <br />Department of NaWral Resuurces <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80303 DIVISION O F <br />Phone (3071 866-3567 MINERAL S <br />FA% (3071 832 81 O6 & <br />GEOLOGY <br />RECLAMATION <br />MINING•SAFETY <br />August 9, 1999 <br /> BJI O..-ens <br />Department of Transportation Inver^or <br />Region 5-Engineering v <br />re <br />m <br /> <br />3803 N. Main Ave, Suite 300 Exe c <br />ive <br />D <br />ctor <br /> <br />Durango, Colorado 81301 wcnxcl B. tong <br />o;~~s~~^ oveonr <br />Vicki A. Matney <br />Re: Unauthorized Diversion of Coal Gulch Creek onto US Highway 160 <br />Dear Ms. Matney: <br />Earlier in mid July, I visited your office and discussed a potential problem I observed at a revoked mine <br />site (Coal Gulch Mine) that I inspect near the city of Durango. When the mine was in operation, the <br />mine constructed an approved diversion of Coal Gulch Creek that passed the designed flow through a <br />36" CMP which then combined with Flow from a sediment pond and ultimately passed through a 52" <br />concrete culvert under highway 160 (see attached map). <br />The mine experienced numerous difficulties with regulatory agencies and totally ceased operations in <br />1990. Some of the land was eventually sold to Ty and Denise Hawkins and this land, approximately <br />1.08 acres, became the site for Firehawk Construction's topsoil salvage and sales area. In an effort to <br />expand their usable land, the owners buried the 36" culvert and diverted the approved Coal Gulch Creek <br />channel into CDOT's right of way. The flow is forced to pass through a partially blocked 18" CMP at <br />approximately station 35+040 as depicted on your Geometry and Plan Sheet, page 235 of the Federal <br />Aid Project No. NH 1601-046. <br />As I mentioned to you, the Division of Minerals and Geology no longer has the jurisdiction to force <br />Firehawk Construction into complying with our rules and regulations that apply for active coalmines. <br />Therefore, we are notifying CDOT that the current landowner has diverted the Coal Gulch drainage into <br />the CDOT's right of way and are concerned [hat current diversion may not adequately protect the <br />highway from Flood damage. <br />If the Division can be of any assistance to you or should you have any questions regarding this matter or <br />are in need of additional information, please contact me. <br />Sincerely, <br />FTarr B. Rahne <br />Y Y <br />Environmental Protection pecialist <br />