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III IIIIIIillllll III` o5m ~ '~^' <br />999 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1713 Sherman SL, Room 215 <br />Denver, Colorado 80203 <br />Phone: 13011 866-3 567 <br />FAX: 13011832-8106 <br />December 21, 1994 <br />Mr. Thomas E. Ehmett, Acting Director <br />Albuquerque Filed Office <br />Office of Surface Mining <br />505 Marquette Avenue, NW, Suite 1200 <br />Albuquerque, NM 87102 <br />RE: TDN X-94-020-352-006 <br />Roadside Portals (C-81-041) <br />Dear Mr. Ehmett: <br />II~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Ramer <br />Governor <br />dames 5. Lxhhead <br />Eaecmrve Direcln~ <br />Michael B. LnnR <br />Drvmon Dneaor <br />The Colorado Division of Minerals and Geology (Colorado) received the Albuquerque Field <br />Office's (AFO) review of Colorado's response to the above referenced TDN on December <br />14, 1994. The AFO found that part of Colorado's response was arbitrary and capricious, <br />and therefore inappropriate. Colorado respectfully requests an informal review of AFO's <br />inappropriate determination. Following are the reasons Colorado disagrees with the AFO's <br />initial findings. <br />The TDN cited an alleged violation of Colorado Rule 4.05.6(3)(d) for failure to provide a <br />combination of principal and emergency spillways on four impoundments, ponds 1, 2, 7, and <br />8. Colorado's response to the TDN in regard to these impoundments identi£ed the problem <br />as a permit defect. During preparation of our response we reviewed design information in <br />the approved permit application package (PAP) with regard to the four impoundments in <br />questions. The PAP indicated two of the impoundments ,ponds 2 and 7,~had adequate <br />storage capacity to totally contain runoff from a 25-year, 24-hour storm event. Colorado <br />regulations do not require spillways on impoundments capable of total containment for this <br />design event. The operator was given written notice of a requirement to revise the permit, <br />in accordance with the procedures outlined in OSM directive INE-35, paragraph 5. The <br />permit revision will clarify the ability of the impoundments to totally contain runoff from <br />the 25 year storm event. The AFO found this portion of Colorado's response to the TDN <br />appropriate. <br />