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the allegations made in paragraph 57; the date of, and identity of the person(s) who conducted, <br />the site visit or investigation; identify any efforts made by MCR and/or the Trustee to confirm or <br />refute whether which project did actually cause "extensive sedimentation of the 001 Ponds "; <br />identify the methodology and/or measurement applied by MCR and/or the Trustee to measure <br />and/or detect any sediment contribution, the date such methodology and/or measurement, <br />including sampling or other tests, was conducted by MCR and/or the Trustee; describe how any <br />such contribution affected the operation of the 001 Ponds; and identify any actions required to be <br />done by MCR and/or the Trustee because of any sedimentation to these ponds caused by the <br />Huntsman Project. <br />ANSWER NO. 26: Len Wardlaw made frequent trips to Coal Basin in 1998 until snow <br />closed the road. He reports that drainage from the privately owned part of the Prep Plant area no <br />longer flows to the 001 Ponds because DMG, in constructing the diversion channel, interrupted <br />the conveyance so that water no longer flows to the 001 Pond, but rather goes directly into Dutch <br />Creek. As to the area easterly and below the diversion channel, drainage would be intercepted <br />and flow through the ditch and pipeline to the 001 Ponds. The work on both projects (Huntsman <br />and Dutch Creek Diversion) removed the vegetative cover that has assisted in controlling <br />sedimentation so that in a major storm event there would be substantial sediment, part of which <br />would flow into the 001 Ponds and part into Coal Creek according to the present configuration. <br />There have been no major storm events since this work was done and the snowmelt is expected <br />to be below normal. Steve Renner, for DMG, published notice in the local newspaper last fall <br />while work was going on that considerable temporary sediment might be expected in Coal Creek <br />as a result of the reclamation work. <br />The 001 ponds were sited and designed to receive sediment from the same areas <br />disturbed by excavation done in the Huntsman Project. The extent of sediment loading to the <br />ponds remains to be seen and may result in necessary maintenance. If so, the responsibility for <br />such maintenance should properly be the Division's. <br />INTERROGATORY NO. 27: Identify each document referred to or relied upon to <br />respond to the above Interrogatory no. 26. <br />ANSWER NO. 27: See response to Interrogatory No. 26, above. <br />INTERROGATORY NO. 28: Identify what actions, if any, MCR and/or the Trustee <br />has taken with the Colorado Department of Public Health and Environment (CDPHE) regarding <br />clarification or elimination of MCR's obligations under CDPS -CO- 0000396 including its <br />obligation with regard to the 001 Ponds. Include in your response whether MCR and/or the <br />Trustee has requested CDPHE to renew or in any way amend MCR's CDPS permit or its <br />obligations under the permit, the date such request was made, and the status of the request. <br />ANSWER NO. 28: On October 23, 1998, MCR submitted a renewal application to the <br />Colorado Department of Health and Environment regarding the MCR permits in Coal Basin. <br />Despite a number of requests to CDPHE, no response has been received from that agency to <br />date. <br />11 <br />