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r <br /> 5TATE OF COLORADO <br /> DIVISION OF MINERALS AND GEOLOGY <br /> OF CO<O <br /> Department of Natural Resources 9. <br /> e <br /> $1 <br /> 1313 Sherman St.,Room 215 �+N * J <br /> Denver,CO 80203 «�876�«, <br /> Phone.(303)866-3567 <br /> FAX-(303)832-8106 Roy Romer <br /> Governor <br /> n1,chael B I ong <br /> Division Director <br /> Mr. Bob Hagen <br /> Director, Albuquerque Field Office <br /> Office of Surface Mining <br /> 505 Marquette NW, Suite 1200 <br /> Albuquerque, NM 87102 <br /> RE: TDN 93-020-190-TV4, Coal Basin Mines (C-81-017) <br /> Dear Mr. Hagen: <br /> The Colorado Division of Minerals and Geology (DMG) respectfully <br /> requests an informal review of the Albuquerque Field Off ice' s (AFO) <br /> findings regarding the DMG's response to issue 4 of TDN 93-020-190- <br /> 05 TV4 . Those findings were received by the DMG on August 6, 1993 . <br /> This letter contains the DMG's reasoning for believing that our <br /> response to the TDN was appropriate. <br /> Issue four of the TDN cites an alleged violation of Colorado rule <br /> 4 . 05. 3 (1) (e) for failure to maintain a diversion in a stable <br /> manner. The diversion cited is located at the toe of a pre-law <br /> coal waste pile. Both the ditch and the pile have been in place <br /> since approximately 1964 . Portions of the toe of the pile have <br /> moved since the time of construction and sections of wood cribbing <br /> which serve as retaining walls are failing. <br /> Colorado has already issued an enforcement action for failure to <br /> maintain the ditch in question, citing a problem with sediment <br /> deposition in portions of the ditch. A copy of that NOV is <br /> enclosed. The OSM inspection report accompanying the TDN discusses <br /> material on the slopes above the ditch which is "slumping into the <br /> diversion" . Colorado does not feel that extending its enforcement <br /> action on the ditch to the pre-law refuse pile is justified for the <br /> following reasons. <br /> First, none of the material from the refuse pile was slumped into <br /> the ditch. The problem areas of the ditch (cited in the Colorado <br /> NOV) resulted from sediment deposition by flows in the ditch, not <br /> from slumpage of the refuse pile. The only evidence of material <br /> slumping from above actually reaching the ditch is a small deposit <br /> of material on the opposite side of the ditch from the pile which <br /> has a set of straw bales around it. It is not known when this <br /> material slid off the refuse pile. The material does not impair <br /> the ditch' s ability to function as designed because no material was <br /> deposited within the ditch. <br />