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JUL-12-01 05:05PM FROM-Colorado Division of Minerals & Geology +13038fifi3567 T-DTI P_001/001 F-414 <br />/'~ / _ ~ ` ,f~j~7~ <br />( <br />' <br />~d / ~ II I I I I I I I I I I IIII II I <br />~ <br />- <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department o(Nawral Resources <br />1373 Sherman St., Room.+15 <br />D I v 15 1 0 N O F <br />Denver, C°loratlo 80203 <br />Phone: 1303) 866.3567 MINERAL S <br />FAX:1303)832-8106 & <br /> GEOLOGY <br /> RECLA (7ATION <br /> MININ G•SAFET7 <br /> Bill Owens <br />Date: July 12, 2001 c°"`"°` <br /> Greg E. Wal<her <br />To : Mitelt Rollings Cxeeuli~e Director <br /> MiCh;ml a, I,onp <br /> Oivi,uin nirrr~o-,r <br />From: David Berry <br />Cc: Mathews <br />Brown <br />Re: Possible NOV or TDN Deserado <br />This memo is written in response to your position that a TDN or NOV should be issued for the <br />Ea_a Portal $AE situation at Deserado. I appreciaze your allowing us [o review the circumstances <br />prior to making a decision to issue a TDN. <br />As 1 understand your concerns, [hey are that the East portal area involved problems with the <br />manner in which the SAE was initially approved. I believe that your concerns were that oil/fluids <br />were stored there inappropriately, and [hat impoundments exist that are not correctly permitted. <br />According to Dan Mathews, the fluids are no longer at the location <br />i agree that if impoundments are used, as part of an SAE to control erosion and sedimentation, <br />then the impoundments [Host be designrd, constructed, maintained and inspected in accordance <br />with the applicable impoundment rules. 7 have not reviewed the specific plans for this site, but it <br />sounds like the structures may not meet all of the impoundment standards. We believe that this is <br />a permit defect, and we are in the process of effecting a remedy by working to review an ongoing <br />Technical Revision application (TR54) (Adequacy letters attached). in fact, the operator will be <br />meeting with our staff to resolve the TR54. Once TR54 is resolved, the site will be reclaimed and <br />the issues ident'ifed to date should be resolved. <br />1 also understand from Dan Mathews, that the issue of describing in more detail, which control <br />measure applies to which disturbance sites, will be resolved with a Minor Revision. Dan indicates <br />that this issue was identified with his recent inspection report. <br />Overall, I respectful ly submit that given the specific circumstances of this site, neither a TDN nor <br />NOV is needed. I do, however, believe d3at we need to refine our program implementation of <br />SAE approvals. <br />Please let me know of your thoughts. Thank you for your consideration of this maker. <br />