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T. <br />III IIIIIIIIIIIII III .~c - <br />STAT~ ur 9LULURADO <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />7313 Sherman St.. Room 215 <br />Denver, CO 80203 <br />303 866.3567 <br />FAX: 303 832-8106 <br />July 11, 1991 <br />Mr. John Spangler <br />1823 237 Road <br />Silt, Colorado 81652 <br />RE: Eastside Coal Company (File C-84-063) <br />Dear Mr. Spangler: <br />OF Cpl <br />/.~'ej <br />~~: ~ g <br />f78~ . <br />•~M <br />~ r876 ~ <br />Roy Romer, <br />Gavertar <br />Freo q. Banta. <br />Division Director <br />I would like to take this opportunity to respond to your July 1, 1991 <br />correspondence, and to summarize our May 24, 1991 phone conversation. <br />When reviewing an application for a mining and reclamation permit, the Mined <br />Land Reclamation Division focuses on determining whether compliance with the <br />Coal Regulations has been demonstrated. These regulations deal mainly with <br />technical issues documenting whether an applicant has the ability to reclaim a <br />mine to a pre-determined post-mining land use. We are very concerned about <br />topsoil quantity and quality, revegetation success, ground and surface water <br />protection. We do not evaluate a permit application in terms of many issues <br />which are considered to be outside of our authority. These issues include <br />aesthetics of a mine, impacts of truck traffic to local roads, noise and other <br />socio-economic concerns. <br />The Colorado Surface Mining Control and Reclamation Act requires that <br />operations not impair the quality of water adjacent to the mine site. We <br />require each permittee to monitor ground and surface water quality on a <br />periodic basis. We then evaluate these data in order to determine whether <br />water quality is being protected. We have no authority to enforce air quality <br />violations. The Air Pollution Control Division of the Colorado Department of ~ <br />Health has jurisdiction over these matters. We do, however, require coal • <br />operations to be in compliance with the standards established by Air Pollution <br />Control. <br />The Coal Mining Rules and Regulations require that a permittee be in <br />compliance with applicable local requirements. In some cases, the local <br />authority will impose a maximum permissable production limit on an operation. <br />Our permitting process requires the applicant to disclose the anticipated mine <br />production. It is our position that an operator cannot exceed the lower of <br />the two production figures. An exceedartce of the lower production figure <br />