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1 I `' ~ ~~ S I A M O F C OIA I! A U U 1111 11,11111 I1. I'e ~v,..,.. DEPARTMENT OF NATURAL RESOURCES ~ D. Moore Pascoe, Eaecutrve Dlrectol Mr. Jay Stewart Flatiron Companies P.O. Box 229 Boulder, Colorado 80306 ~i i~l ~;u i.:~~ a ~t H:~:~.:~nt a~r~o~1 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 lei. (303) 839-3567 III III IIIIIIIIII III David C. Shelton Director Re: April 30, 1981, letter to Robert Liddle May 5, 1981 Dear Jay: Bob Liddle has passed on your April 30, 1981, letter to me and I find myself concerned and in disagreement with many of the statements contained therein. In this letter Z wish to respond on a point by point basis to the concerns raised in that letter. In my April 21, 1981, inspection of the Bourg Strip Mine the !f embankment work had been completed as per~BOb Liddle's recommendation. You are correct in your assertion that Walden Coal was instructed to provide a buffer zone below the pond H embankment by stripping topsoil (as per instructions from Carol Pahlke). You are incorrect in your assertion that I voiced no concern on my January 13, 1981, inspection. At that time I voiced the opinion that there might be a ponding problem due to the depth of topsoil removal. Walt Ayers and yourself showed me a letter from Leonard Rice Water Consultants voicing a strong concern over the situation (relative to the stability of the embankment). That same letter made the recommendation that you contact the Division to alleviate the potential problem. No contact was made. Bob Liddle, being a qualified hydrologist, was entirely justified in voicing his concern upon his site inspection. Walden Coal had the option of following Bob's recommendation or proposing an alternative within a reasonable time, they chose to follow Bob's recommendation. Walden Coal Company is not considered a federal mine and is not responsible for complying with "the myriad of federal regulations dealing with the mining of coal". At this time Walden Coal is only responsible for compliance with CRS 34-33-101 et seq. and the rules and regulations promulgated thereto. On numerous occasions the operator has been encouraged to contact the Division should problems with interpretation of the rules of regulations occur.