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<br />sss pl(F~ <br />United States Department of the Interior a""~,°E1u"- <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement ~ ~ <br />WASHINGTON, D.C. 20290 ~ ~ <br />Mr. Dan T. Mathews <br />Acting Coal Program Supervisor <br />Hined Land Reclamation Division <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />AUG 2 8 1990 R~VEI ~l ~~ <br />SEP 4 1990 <br />Mined Land <br />Reclamation Divis~cr. <br />Dear Mr. Mathews: <br />Sincerely, <br /> <br />This is in response to your July 25, 1990, request for informal review of the <br />Albuquerque Field Office Director's determination that your agency has not <br />taken appropriate action with respect to ten-day notice number 90-02-244-03. <br />The ten-day notice alleges that Wyoming Fuel Company failed to certify by a <br />qualified registered engineer surface drainage systems located on its New Elk <br />coal waste pile. <br />In your request for review, you contend that the Colorado rule 4.09.1(11) does <br />not require a separate certification for installation of temporary diversion <br />structures each time such a structure is constructed to replace a previous <br />temporary diversion when this is occurring several times per quarter as a part <br />of ongoing construction in accordance with the approved plan. You also <br />maintain that when a qualified registered engineer certifies quarterly that a <br />fill has been constructed as specified in the approved design, the engineer is <br />de facto addressing the issue raised in the ten-day notice. <br />Colorado rule 4.09.1(11)(a) requires that coal waste piles be inspected for <br />stability by a registered engineer or other qualified professional specialist <br />at least quarterly and during certain critical construction periods, including <br />installation of surface drainage systems. Colorado rule 4.09.1(11)(b) <br />requires that after each inspection a report shall be submitted by a qualified <br />registered engineer certifying that the fill has been constructed as specified <br />in the approved design. The State'e position that the regulation at Section <br />4.09.1(11) does not require an individual certification each time the <br />diversion ditch is moved over the active disposal site when this is occurring <br />several times per quarter is neither an abuse of discretion, nor arbitrary or <br />capricious under the approved program. Therefore, I am reversing the <br />determination of the Albuquerque Field Office Director. <br />Deputy Director <br />Operations and Technical Services <br />