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I <br /> STATE OF OLOIZADO C <br /> DIVISION OF MINERALS AND GEOLOGY <br /> Department of Natural Resources <br /> _ tMl <br /> I �RA <br /> OF <br /> 1313 Sherman St.,Room 215 E L S <br /> Denver,Colorado 80203 & <br /> Phone:(303)866-3567 GEOLOGY <br /> FAX:(303)832-8106 <br /> RECLAMATION <br /> MINING-SAFETY <br /> August 9, 1999 <br /> Bill Owens <br /> Governor <br /> Department of Transportation Greg E.watcher <br /> Region 5-Engineering Executive Director <br /> 3803 N. Main Ave, Suite 300 Michael B.Long <br /> Division Director <br /> Durango, Colorado 81301 <br /> Vicki A. Matney <br /> Re: Unauthorized Diversion of Coal Gulch Creek onto US Highway 160 <br /> Dear Ms. Matney: <br /> Earlier in mid July, I visited your office and discussed a potential problem I observed at a revoked mine <br /> site (Coal Gulch Mine) that I inspect near the city of Durango. When the mine was in operation, the <br /> mine constructed an approved diversion of Coal Gulch Creek that passed the designed flow through a <br /> 36" CMP which then combined with flow from a sediment pond and ultimately passed through a 52" <br /> concrete culvert under highway 160 (see attached map). <br /> The mine experienced numerous difficulties with regulatory agencies and totally ceased operations in <br /> 1990. Some of the land was eventually sold to Ty and Denise Hawkins and this land, approximately <br /> 1.08 acres, became the site for Firehawk Construction's topsoil salvage and sales area. In an effort to <br /> expand their usable land, the owners buried the 36" culvert and diverted the approved Coal Gulch Creek <br /> channel into CDOT's right of way;. The flow is forced to pass through a partially block of the Federal <br /> approximately station 35+040 as depicted on your Geometry and Plan Sheet, page <br /> Aid Project No.NH 1601-046. <br /> As I mentioned to you, the Division of Minerals and Geology no longer has the jurisdiction <br /> isdtiveo to force <br /> Firehawk Construction into complying with our rules and regulations that apply f <br /> Therefore, we are notifying CDOT that the current landowner has diverted the Coal Gulch drainage into <br /> the CDOT's right of way and are concerned that current diversion may not adequately protect the <br /> highway from flood damage. <br /> If the Division can be of any assistance to you or should you have any questions regarding this matter or <br /> are in need of additional information,please contact me. <br /> Sincerely, <br /> /pecialist <br /> arry B. Kanney <br /> Environmental Protection <br /> i <br />