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r <br /> v� <br /> / pF CG <br /> STATE OF COLORADO <br /> c �r <br /> E! "*. Roy Romer, Governor <br /> 876 <br /> DEPARTMENT OF NATURAL RESOURCES <br /> MINED LAND RECLAMATION DIVISION <br /> FRED R. BANTA, Director <br /> January 23, 1989 <br /> Ms. Diane Delaney <br /> Mid-Continent Resources, Inc. <br /> 201 Centennial Street, Suite 406 <br /> Glenwood Springs , Colorado 81601 <br /> Re: Drainage Control and Diversion Structures for Coal Waste Piles <br /> Dear Ms. Delaney: <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 some <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 May 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 />