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<br />DEPARTMENT OF NATURAL RESOURCES <br />Dared H. Getches, Executive Director <br /> <br />MIND LAND RECLAMATION DIVISION <br />DAVID C. SHELTON, Director <br />Richard D. Lamm <br />Governor <br />DATE: July 27, 1984 <br />T0: Hayden-Gulch Enforcement Action File, File No. C-003-80 <br />FROM: M.S. Savage ~O*/oi+~-. <br />RE: Yampa Mining Company Correspondence of July 16, 1984 and July 18, 1984 <br />Regarding Notice of Violation C-84-137 <br />In correspondence from Yampa Mining Company to the Division dated <br />July 16, 1984 and July 18, 1984, Yampa Mining has submitted what they believe <br />is evidence that Notice of Violation C-84-137 should be vacated, because it is <br />felt that the haul road certification for which the violation was written is <br />present in the approved permit application. These haul road certifications <br />are to be found in Exhibits I, J, K and L. <br />During the course of the July 17, 1984 inspection Roy Cox and I discussed the <br />requirements for professional certification for haul roads and other <br />structures with Mr. Larry Jackson of Yampa Mining. <br />Subsequent to that discussion Mr. Jackson researched the permit application <br />and feels that the certification was previously submitted and accepted by the <br />Division in the prior mentioned exhibits. Additionally, Yampa Mining has <br />submitted a recertification that the haul road has been constructed as <br />designed and certification was performed by a registered professional engineer <br />for Yampa Mining Company. <br />I have reviewed the exhibits cited by the operator as being professional <br />certifications. The exhibits cited are maps and figures for road <br />classification and location, typical sections for haul roads, the water <br />control plan 1980-1985, and the mine permit area and load-out facilities. <br />Nowhere on any of these exhibits is there a statement by the registered <br />professional engineer that these represent as-built certifications and that <br />they are in conformance with the approved designs in the application. It is <br />therefore my opinion that these exhibits leave some doubt as to whether they <br />are statements of certification, and are therefore in compliance with the <br />requirements of Rule 4.03.1(1)(d). <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />