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~~ <br />~ S"I'A~ OF COLORADO <br />MINED LAND RECLAMATION DIVISION of ~o;~ <br /> <br />Department of Natural Resources < <br />~°~ ..> <br />~ <br />JL; <br /> <br /> <br />1313 Sherman St.. Room 215 ~ <br />„ <br />,- <br />1 <br />~ ^ <br />: <br /> <br />Denver. CO 80203 , <br />1- <br />. <br />~~~ <br />"'f~~ <br />303 666-3567 °- <br />/B 76 ~ <br />FA%: 303 6326106 <br />Fo/ Do'ne'. <br />Goe.ro <br />F reO R Bane <br />Pnvon QICL10! <br />April 11, 1990 <br />Mr. Jim Hendricks <br />Pueblo Coal Incorporated <br />278 Sawyer Drive, Suite 1A <br />Durango, Colorado 81301 <br />RE: NOV C-90-009, File C-62-054 <br />Dear Mr. Hendricks: <br />Based on a consideration of comments which you submitted and further review of <br />the permit document, we have determined that the additional modification to <br />NOV C-90-009 (enclose dl is appropriate. It appears that discharge of road <br />drainage on the excess spoil outslooe was approved. We consider this approval <br />to be a permit defect and have requested that you submit an appropriate <br />alternative plan for hau] road and excess spoil fill drainage which will fully <br />comply with the regulations. <br />The violation has been modified to apply solely to the performance standards <br />of Rule 4.03 (failure to minimize erosion) and we are addressing the permit <br />defect issue separately through the permit renewal review process. Abatement <br />Items 2 and 3 have been combined in the modification. Please be aware that, <br />while repair of the erosion and stabilizin_a the channel on the fill will abate <br />the NOY, routing of drainage over the face of the fill will not be an <br />acceptable long term solution. An alternative plan for conveying drainage to <br />the sediment pond within a designed ditch located off the fill will need to be <br />submitted as a part of the permit renewal response by June 1, 1990. <br />Please contact me if wu have any questions. <br />Sincer y, <br />Dan T. Mathe s <br />Reclamation Specialist <br />DTM/eas <br />Enclosure <br />cc: Jim Stevens <br />6012E <br />