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°` `°~° STATF. OF COLOI~v999 <br />~~~'";g <br />~• Roy Romer, Governor ~~ <br />••~'~" _ <br />/B ]6 ~ <br />(. r` at; <br />DEPARTMENT OFNATURAL RESOURCES ~ ~~ <br />MINED LAND RECLAMATION DIVISION ~~`~~,, I ~~ <br />FRED R. BANTA, Director <br />~~~~)7~~ <br />January Z3, 1989 <br />P1r. Link Derick <br />Colorado Westmoreland Inc. <br />P.O. Box 1299 <br />Paonia, Colorado 81428 <br />Re: Drainage Control and Diversion Structures for Coal Waste Piles <br />Dear P1r. Derick: <br />During the 1988 oversight year, the Federal Office of Surface Mining initiated <br />a special study in reviewing Colorado's approved program. The subject of the <br />study was drainage and diversion ditch design for coal waste piles. During <br />this review it became apparent that drainage and diversion structures for same <br />waste piles were designed and constructed to control a 10 year-24 Hour storm <br />event. Colorado regulations require that these types of structures be <br />designed and constructed to safely pass a 100 year-24 Hour storm event. <br />Specifically, see Colorado Rules 4.10.3(2) and 4.09.2(7). During our original <br />review, the Division interpreted the regulations such that these structures <br />were treated as temporary diversions only required to pass a 10 year event. <br />These structures were constructed in accordance with the approved plan, <br />however, the Division's interpretation was in error. <br />In order to resolve this problem without the use of enforcement actions, the <br />Division has entered into an agreement with OSM. To ensure that all coal <br />waste piles within the state meet the 100 year requirement, the Division has <br />reviewed the designs for all approved waste piles. All designs must be in <br />compliance by April 30, 1989 with actual on the ground modifications completed <br />by Play 30, 1989. Revision of designs by technical revision and on the ground <br />modifications by these dates will avoid the possibility of an enforcement <br />action being taken. <br />Enclosed is a memo which details the specific potential problems related to <br />your mines' refuse disposal area. <br />215 Centennial Building, 1313 Sherman Street Denver, Colorado 80203-2273 Tel. (303) 866-3567 <br />