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III IIII111111111111 C cr~RUs "`~ Empire Corporation August 28, 1992 Mr. Stephen Wathen Office Of Mined Land Reclamation Division Division of Minerals & Geology 215 Centennial Building 1313 Sherman Street Denver, Colorado 80203 RE: N.O.V. C-92-026, Permit C-81-044 Dear Mr. Wathen: P.O. Box 68 Craig, Colorado 81626 303-824-9246 SEp ~~ ~ O\v`5~ ~~ ~~~, ~~r•,`i Cyprus Empire Corporation (CEC) would appreciate MLR's consideration of the following information in asses:>ing this N.O.V. CEC did try to clean culvert 38 on two occasions but due to the compaction of the material in the culvert was only able to remove that material in the ends of the culvert. A contractor was then hired to try and flush the culvert out but did not meet their verbal commitment to get the work done within the specified time frame. They apparently assessed the situation, but did not have the equipment necessary readily available to flush this long of a culvert. As you are aware, the material was ~,o compacted it necessitated complete removal of the culvert to abate the NOV and this was completed before the inspection was completed. CEC would like to also point out that even if a 10 year, 24 hour event had occurred while the culvert was plugged, there would have been no increased sediment outside the permit area. and no adverse impacts to the hydrologic balance. This is true because of the location of the culvert in relation to the berm that surrounds the coal pile extension area. What would have happened is that a small amount of water would have ponded in the sump before the culvert and then flowed over the culvert to the ditch as happened during the storm that plugged the culvert. As a result, a:Ll run-off would still be conducted to the sedimentation plan. Therefore, we believe there was no violation of Rules 4.05.5(1)(a) and 4.05.3(1)(e) as cited.