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STATE OF COLORADO <br /> MINED LAND RECLAMATION DIVISION of <br /> Department of Natural Resources <br /> 1313 Sherman St., Room 215 <br /> Denver,CO 80203 * * <br /> 303 866-3567 *1876 <br /> FAX: 303 832-8106 — <br /> Roy Romer, <br /> Governor <br /> Fred R.Banta, <br /> Division Director <br /> May 30 , 1991 <br /> Mr. Mark Fuller, Dev el opmen t Director <br /> Pitkin County <br /> 530 E. Main , 3rd Floor <br /> Aspen, CO 81611 <br /> Dear Mr. Fuller: <br /> This Letter is in response to your correspondence of May 6 , 1991 , in which you <br /> expressed concern with Mid-Continent's ability to maintain the drainage <br /> control structures at the Coal Basin Mine and in which you requested an update <br /> on the status of issues related to the mid-term review and the show cause <br /> hearing. <br /> We share your concern regarding Mid-Continent's ability to respond rapidly to <br /> maintenance needs and drainage system failures. Since April , we have been <br /> conducting inspections at the site twice monthly and we will continue to do so <br /> through the snowmel t season in order to insure that structures are being <br /> properly maintained, and to insure that any violations are detected and abated <br /> as rapidly as possible. <br /> The Mined Land Reclamation Board recently issued an Order approving a <br /> Settlement Agreement between Mid-Continent and the Division . A copy of the <br /> Board Order and the Settlement Agreement has been forwarded to you, and the <br /> other Coal Basin Group members under separate cover. A finalized mid-term <br /> review letter was sent to Mid-Continent on April 24, 1991 and a copy of that <br /> letter is enclosed. The settlement agreement and the mid-term letter should <br /> address a number of questions raised in your letter. <br /> With regard to 016 pond system discharge concerns, it is my understanding that <br /> the i nv es ti ga ti on into the cause of the to xi ci ty indicated by b i omon i to r i n g is <br /> continuing, as directed by the Department of Health. It is also my <br /> understanding that the macroinverteorate study conducted by the Forest Service <br /> and the Division of Wildlife will be continued for a third year. So far th i s <br /> spring, settleable solids levels in 016 pone discharge as well as other <br /> sediment pond discharges has remained within NPDES permit limitations. <br />