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INTEROFFICE MEMORANDUM <br />TO: KENT GRHAM <br />- <br /> <br />FROM: JANET BIN <br />SUBJECT: FOIDF.I, CR TR61, CHANGES TO POND DESIGN <br />DATE: 8/20/2008 <br />CC: DAN HERNANDEZ <br />TCC has provided revisions to design plans for the 6MN reservoir at Foidel Creek Mine. In order to <br />initiate construction of the 6MN reservoir without having received a Colorado State Engineer's Permit, <br />TCC is proposing to lower the elevation of the emergency spillway. The proposed 6MN pond is <br />intended to be a storage pond and is not intended to discharge. Discharge should only occur in unusual <br />events, and then only through a single emergency spillway. Please review TCC's proposed revision to <br />the application. I am including correspondence from previous reviews to allow you to see what <br />concerns had been asked and subsequently addressed by the operator. The recent submittal of revised <br />pages was received August 19, 2008, and is clipped to the top of the folder. <br />When you and I talked about State Engineer's Office Jurisdictional vs. Non jurisdictional <br />impoundments, you thought any ponds under the CSCMRA (our Act) would be exempt. I think Rule <br />17.1.2 applies in this instance. TCC has stated that this will be a water storage pond and is not designed <br />as a sediment control pond. <br />The proposed decision date for TR61 is August 31, 2008. Please let me know what you time frame for <br />review might be so we can request additional extension from the operator. The entire TR61 application <br />packet is on the small chair in my office should you need additional information. . <br />Thanks for your help.