1989-11-27_GENERAL DOCUMENTS - C1981017

• Permit No: C1981017
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Date: 11/27/1989
• Doc Name: Bid Documents ‎(IMP)‎
• Permit Index Doc Type: General Correspondence
• Media Type: D
• Archive: No

`°� STATE OF COLORADO
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. * Roy Romer, Governor
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DEPARTMENT OF NATURAL RESOURCES
MINED LAND RECLAMATION DIVISION
FRED R. BANTA, Director
November 27, 1989
Mr. Robert Hagen, Director
Albuquerque Field Office
Office of Surface Mining
Reclamation and Enforcement
625 Silver Avenue, SW, Suite 310
Albuquerque, NM 87102
Re: Coal Basin Mines (Permit No. C-81-017 ) Response to TDN X-89-02-244-5 TV9
Dear Mr. Hagen:
This is to serve as the Division 's response to the above referenced Ten Day
Notice issued by your office November 14 , 1989 and received by the Division
November 16, 1989. It should be noted that citations made in the TDN Notice
of Violation section are very generic. In addition, we did not have the
benefit of a MIER report to provide additional detail . Given this , the
Division had to make certain assumptions relating to OSM's concerns. If our
assumptions concerning the alleged violations are wrong please provide
additional detail and the Division will respond accordingly.
Issue 1 : This involves an alleged violation of Rule 4.06.4(d) in regard to
"topsoil redistributed on the old refuse pile." There is no such rule.
Rule 4.06.4(2)(d ), however, would appear applicable and it is to this the
Division will respond.
Topsoil has been redistributed on the old refuse pile over a period of years
as portions of it are reclaimed at an approved rate of 3 to 5 acres per
year. An area approximately this size is scheduled for topsoil spreading
and seeding in 1989. As for "failure to protect topsoil after it is
redistributed, the old refuse pile is subject to the rill and gully plan
as described in Volume 8, Chapter V, page 40. Measures were instituted
during 1989 to identify and properly address the rills and gullies in the
older reclaimed area of the pile according to the approved plan. While not
complete, these efforts are still underway by the operator. In addition,
there is no evidence presented that indicates there are gullies in excess
of 9 inches or to suggest they are in violation of Rule 4 .14.6 requiring
stabilization of rills and gullies.
As for the area of the pile scheduled for topsoil spreading and seeding during
1989, those efforts are also still underway at the site. Until the operator
fails during 1989 to complete the actions required by the rill and gully plan
for the older, previously reclaimed areas of the pile and/or complete the
topsoil spreading and subsequent seeding of that portion of the pile scheduled
for this year, the operator is in compliance with the conditions of his
permit. At this time there is no violation of the rule assumed to be cited.
215 Centennial Building, 1313 Sherman Street Denver, Colorado 80203-2273 Tel.[phone]