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~TAT~ o~ coLOr~o D{V1510N OF MINERALS AND GEOLOGY Dra~nment of Nawnl RetoUrCes 1111 Sherman St.. Room 2t 5 penvcr, Colorado 8D201 Pnone: cell e5o-'sse~ FAX: (3031 832-8106 May 3, 1999 Mt. Nathan Moore Permi~s Unit Wa[et Qua]ity Protection Section Water Quality Control Division Colorado Department of Public Health and Environment 4300 Cherry Crcek Drive South Denver, Colorado 80?,:6-1530 Re: Coal Basin Mine Reclamation Dcaz Mr. Moore ~~ olvtsloN o M1t~lERAL: GEOLOGI RECLAMAT IOn MININC•$AFE77 cal oven, Governor ere e. wm<ner Fxec~U~e Dheaor M~cfiael a. Long. Dl~lfon Dheaor The Colorado Division of Minerals and Creology (Division) is in the grocers of accomplishing reclamation at the former Coal Basin Mina As you may know, this was a previously permitted coal tnining opctation- The Colorado Mined Land Reclamation Board has revoked the operating permit and forfeited the reclamation bond. As required by statute, the Division is accomplishing reclamation of the site. Part of the required reclamation includes removl of the sediment containment ponds located at the site. These ponds are covered by a CDPS permit field by Mid-Continent Resources, the former operator of the Mine. A question has arisen about wheher to change the reclamation plan as it pertains to the ponds, as described below, and about whether Mid-Condnent should continue to remain as the CDPS pecmittee for the ponds. Aaordingly, Minerals and Creology regttcsrs advice from Waza Quality Control Division (WQCD) as to whether the cltange in pond reclamation measures would be acceptable to WQCD under a scorer water permit To be clear, this letter is not an application for a permit, but rather a request for guidance from WQCD about whetha rho following plan would be acceptable to WQCD under its storm water provisions. Rather than complesnIy bacl~'iliing the ponds, as presently required by the reclamation plan, rho Division has proposed that the corrugated metal pipe dewate[ing devices be removed, and that a rock lined spillways be constructed in the pond embankments. W etlsnds species would be plsnted at the margins of the ponds. Reclamation in this manner will allow the ponds m continue w funcdoa as stilling basins, while promoting the crestion of consmrcted wetlands at each locstion. The majority of the ponds would be reclaimed in 1999, wftile two may be reclaimed in 2000. The Division anticipates completing all reclamation activities in Coal Basin during the fall of 2000. We anticipate conducting . _ maintenance operations for a Htnited time following completion of reclamation wnstruction, depending on the availability of funds, At that time ctte Division will have wmpleted its rcclamsdon activities, and will then apply for permit termination. This proposed plan dots not include or cover the 003 ourfall at Mine 5, or trte 016 outfall near the Rock Tunnel on land ownul by Mid-Con Realty, LLC, both of which may receive mine water discharges. A tabtilarion of the ponds to be reclaimed is the manner described above is attached. The U. 5. Foust Service, land management agency far the majority of Coal Basin, has endorsed this proposal, as have Mid-Con Realty, LLC, (and owner of the privately held properties within the forrner permit arcs, and dte Trustee for Mid-Continent Resources. Minerals and Geology is requesting advice from WQCD about whether a storm water pe:mic, which would cover the remaining pond reclamation, as described above, would be acceptable to W QCD. Essentially, a permit would address teclatnadon of the ponds, as the contributing areas have already been, or will bc, reclaimed. We propose clot a n~mbcc of best management practices be employed by the Aiviaion via its cOnn'aCtorS during the reclamation process. These practices would include, but not be limited to, placement of s¢aw bales and / or installation of silt fence below.d"uturbed Exhibit D to Settlement Agreement