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<br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />73t3 Sherman St., Room 2t5 <br />Denver, CO 80203 <br />303 866-3567 <br />Fq X: 303 832.8 t06 <br />July 25, 1990 <br />Mr. W. Hord Tipton <br />Deputy Director, Operations and Technical <br />Unites States Department of the Interior <br />Office of Surface Mining <br />Reclamation and Enforcement <br />18th & "C" Streets, NW <br />Washington, D.C. 20240 <br />STATE OF COLORADO <br />Services <br />of ~~~ <br />~~~~ <br />Nom:: ~o <br />.+a H ~j. <br />/8'16 ~ <br />Roy Romer, <br />Gwemor <br />Freo R. Banta, <br />Orvisien Director <br />Re: Request for informal review of Ten Day Notice 9U-02-244-03, TV-2 response <br />Dear Mr. Tipton: <br />In accordance with 30 CRF 842,11(6 i(1 )(iii)(A), the Division is hereby <br />requesting an informal review of the determination by the Albuquerque Field <br />Office (AFO) that our response to Ten Day Notice 90-02-244-03, TV-2, was <br />inappropriate. <br />Ne do not agree with the AFO's interpretation that Rule 4,09.1(11) requires a <br />separate certification for insta]lation of temporary diversion structures, <br />each time such a structure is constructed, At the coal waste bank in <br />question, the temporary perimeter aitches are continuously replaced as the <br />waste pile aavances, New temporary ditches are constructed and oid ditches <br />covered over with waste several times per quarter, <br />The fill is inspected for stability on a quarterly basis throughout the period <br />of construction as required by Rule 4.U9,1(11)(a). Construction of the <br />temporary diversion ditches is an ongoing part of the construction process and <br />inaividual ditches are ephemeral in nature. We fins that the current <br />inspection and reporting program employed by the operator meets the <br />requirement ana intent of the regulations, and that to require engineering <br />certifications as each temporary ditch is replaced by a new temporary ditch <br />would be excessive and unnecessary. <br />Your consiaeration of this issue is appreciated <br />have any questions. <br />Sincenely <br />~~~~ ; <br />Dan T. Mathews <br />Actiny Coal Program Supervisor <br />DTM/ern <br />Enclosure(s) <br />Please contact me if you <br />cc: Mr. Robert Hagen, Director <br />AEU, OShiRE, Albuquerque, NM 8957E <br />