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.~ <br />iii iiiiiiiiiiiuiii <br />999 <br />May 20, 1993 <br />Mr. Steve Wathen <br />Reclamation Specialist <br />Colorado Division of Minerals and Geology <br />215 Centennial Building <br />1313 Sherman Street <br />Denver, Colorado 80203 <br />RE: Permit C-81-019 <br />NOV C-93-072 <br />Dear Mr. Wathen: <br />5731 State Highway 13 <br />Meeker, Colorado 81641 <br />(303) 824-4451 <br />RF~E~~/.C[~ <br />INAY 2 41993 <br />Diwsior o; ,m++~e~a+s ~; Geo+og~ <br />The following information is submitted as additional factual <br />information regarding the above Notice of Violation (NOV). <br />1) The NOV states incorrectly that the Nature of the <br />Violation was a "Failure to selectively place stockpiled <br />topsoil". The topsoil piles in question were selectively <br />placed, graded, seeded and marked with topsoil signs. The <br />location of the stockpiles were strategically placed below the <br />future shovel cut by dozers to minimize future rehandling by <br />truck/loaders. Future reclamation with the topsoil is <br />enhanced because extra handling with loaders can be avoided. <br />2) The NOV statement "failure... to protect it (topsoil) <br />from water erosion" is a misrepresentation of the facts. <br />The topsoil had in fact been placed strategically with <br />water cutouts designed to allow free flow of water around and <br />away from the stockpiles rather than ponding up behind the <br />stockpiles. Admittedly, the cutouts require additional work <br />to more completely implement the intended plan. In fact, <br />utilizing such cutouts has proven to be a successful practice <br />of protecting the topsoil from water erosion. Steps had been <br />implemented to protect the topsoil, they simply were not <br />carried out to ultimate completion. <br />3) On May 11, 1993, we sent equipment to the site to <br />initiate the abatement steps. Unfortunately, due to snowmelt <br />and recent rains the conditions were too wet and we buried a <br />16G motorgrader and a D-lON dozer. Subsequently, on May 16, <br />1993 a major cloudburst hit the area with more than 1.5" of <br />