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III IIIIIIIIIIIIIIII <br />999 <br />DIVISION OF MINERALS AND GEOLOGY <br />Deparlmem of Natural Resources <br />1313 Sherman 51., Room 215 <br />Denver, Colorado 80203 <br />Phone: 13031 866-3567 <br />FAX: 1303) A32-8106 <br />March 10, 1995 <br />Ms. Kathleen Welt <br />Mountain Coal Company <br />P.O. SoX 591 <br />Somerset, CO 81434 <br />RE: Stipulation No. 51; Aeat Elk Miae; Permit No. C-80-007 <br />Dear Ms. Welt; <br />I~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />Governor <br />lames S. Lxhhead <br />Executive Duector <br />r~nichael B. Long <br />O rvision Director <br />Technical Revision No. 51, which proposed construction of a coal <br />stacktube and reclaim system and pond redesigns, was approved with <br />conditions on October 6, 1993. The condition to that approval was <br />Stipulation No. 51, as follows: <br />The Division 4 Water Court shall be notified of the new pond <br />locations within 45 days of DMG's proposed decision. In <br />addition, a dam safety review shall be completed on MB-2 and <br />MB-3 within 45 days after construction of the ponds is <br />completed. (Comments received from the Division of Water <br />Resources dated September 17, 1993.) <br />MCC has complied with the first part of the stipulation by <br />notifying the Division 4 Water Court of the new pond locations on <br />December 10, 1993. However, MCC has not complied with the second <br />part of the stipulation, and the ponds have been completed for some <br />time. MCC should contact the Division of Water Resources (DWR) to <br />conduct the dam safety review. MCC should forward the results of <br />the review to the Division. If DWR determines that no dam safety <br />review is needed, DMG should receive confirmation of that fact. <br />The results of the review by DWR or a finding that no dam safety <br />review is needed, is required for MCC to satisfy the stipulation. <br />Please call if you have any questions. <br />Sinp~erely, <br />Christine E. Jo s on <br />Environmental P o ction Specialist <br />STATE OF COLORADO <br />CEJ/007STIP51 <br />