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;~ ANACONDA Minerals Company ~ 555 Seventeenth Street Denver, Colorado 80202 Telephone 303 293 4000 I"I,~Y Fi 1~1~~ April 18, 1985 Susan Mowry Reclamation Specialist Mined Land Reclamation Division 1s13 Sherman Street Denver, Colorado 80203 Dear Susan: ~II ~I~~I~~I~~~~~ ~I~ ~~ 999 ~~ ~..,1' I. f. ~l ~~r~r.~~ii LI .. :S Reference is made to the Notice of Violation issued to West Elk Coal Company following your inspection of the site on March 27 through 28, 1985. CMLRD Rule 5.05.3 allows an operator, after receiving an NOV and prior to the CMLRD's issuance of a civil penalty, to submit additional information about the events surrounding the alleged violation. West Elk Coal Company (WECC) respectfully submits this letter in accordance with the aforementioned rule. On March 27, 1985 during an inspection at WECC by the CMLRD, two minor problems were noted that, in the CMLRD inspector's opinion, constituted a violation. It is our contention that with respect to these situations, there was no violation of the Colorado Coal Mining Regulations. Below is a discussion of the events and conditions surrounding both areas of concern. PARTIALLY PLUGGED CULVERT WECC submits that the road ditch culvert identified in the NOV was not plugged. In fact only the trash rack which is attached to the inflow end of the culvert and which is required by the OSM and CMLRD per permit stipulation was partially plugged by debris, which is what they are designed to do. the majority of the water, composed primarily of snowmelt, was still flowing through the culvert and the small amount of water which overtopped the culvert dissipated into the oak brush, just below the culvert, well within the 5-year permit area, and caused no environmental damage. The trash rack was unplugged immediately. AM ACOHOA Nmenb Comp. ny n . Dni,ion of AlLn1,CNIO~IIeloCOmpmY •NCO-sooo-A to-ui