2010-07-09_REVISION - C1981019 (3)

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STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 O L O F Denver, Colorado 80203 F DIVISION O Phone: (303) 866-3567 RECLAMATION FAX: (303) 832-8106 MINING SAFETY Bill Ritter, Jr. July 9, 2010 Governor Mike King Ms. Jennifer Sekulsk:i-Barton Executive Director Colowyo Coal Company, LP Loretta E. Pineda 5731 State Highway 13 Director Meeker, CO 81641 Re: Colowyo Mine C-1981-019 Fourth Adequacy Review - Technical Revision 78 Dear Ms. Sekulski-Barton: The Colorado Division of Reclamation, Mining and Safety (Division) has received Colowyo Coal Company LP's (Colowyo) 18 January 2010 responses to the Division's 6 November 2009 third adequacy letter for Technical Revision 78. The Division has reviewed the submittal and has the following comments and questions. General Comments Colowyo submitted Technical Revision 78 as an abatement step for Notice of Violation CV-2008-004. The language for the abatement was as follows "(s)ubmit to the Division a complete Technical Revision detailing methods that will be immediately implemented to reduce the peak flow into the Prospect Pond from storm events These methods have been discussed in detail in the Permit Renewal 05 correspondence." Colowyo submitted the necessary revision, TR-78, on 24 December 2008, as required. TR-78 contained plans for three temporary internal ditches in the Prospect Watershed to route water from the disturbed area into the final cut of the East Pit, where it would be contained and not allowed to discharge. The revision also included plans for a temporary sump in the Prospect watershed to contain, slow and treat some of the runoff from the disturbed area prior to allowing it to ultimately discharge to the Prospect Pond. By its very nature this revision, as the planned ditches and sump are in the spoil areas, was intended to be short-term and temporary in nature. In the November 2008 assessment conference it was discussed and agreed that TR-78 would be an interim water control plan until Colowyo submitted and received approval for a permanent drainage control plan in the East Pit reclaimed area. It was expected that TR-78 would be implemented in the field during the 2009 construction season to help control the spring 2010 runoff. Since Colowyo's responses were not received until 25 January 2010, this did not occur. Given the nature of the plan and the current backfilling and grading schedule on Map 29, the Division questions the effectiveness of the proposed plan at this late date. Office of office of Mined Land Reclamation Denver • Grand )unction • Durango Active and Inactive Mines