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<br />,µ h <br />Cn F <br />III IIIIIIIIIIIIIIII STATE OF COLORADO <br />Roy Romer, Gove <br />DEPARTMENT OFNATURALRESOURCES <br />MINED LAND RECLAMATION DIVISION <br />DAVID C. SNELTON, Dlreetor <br />June 10, 1987 <br />Albuquerque, New Mexico 87102 <br />Re: Ten Oay Notice No. 87-02-006-TV-2 Twin Pines, File No. C-83-058 <br />Mr. Robert Hagen, Regional Director <br />Office of Surface Mining <br />625 Silver Avenue, SW <br />Suite 310 <br />Dear Mr. Hagen: <br />The Division received the above referenced Ten Day Notice on June 1, 1987. <br />After review of the information presented, we offer the following response: <br />Two alleged violations were noted in the Ten Day Notice. The first was for <br />failure to follow the approved permit by installing an 18 inch culvert rather <br />than a 24 inch culvert. The fact that a 24 inch culvert was not installed is <br />not disputed. However, in lieu of a 24 inch culvert, the operator installed <br />two 18 inch culverts. <br />The Division has performed the appropriate calculations and determined that <br />the two 18 inch culverts will pass the design flow. Rule 4.03.1(4) requires <br />haul roads to be designed and constructed to have adequate drainage. Given <br />that the in place culverts can safely pass the design flow, the Division feels <br />that the haul road is in compliance with the requirements of Rule 4 and that <br />there is no basis fora violation at this time. <br />The second citation contained in the Ten Day Notice was written for failure to <br />construct drainage pipes and culverts to avoid plugging. The Division feels <br />that all culverts along the haul road were constructed utilizing the best <br />construction techniques available and were installed in accordance with the <br />approved design. <br />The real issue is one concerning maintenance of the culverts. The operator <br />stated that the county had assumed responsibility for maintenance of the road <br />following upgrading of the road by Twin Pines. Maintenance of the road by the <br />county is also stated on page 72 of the approved permit. <br />Mr. Wesley Carhart of the Fremont County Commissioner's office was contacted <br />and he verified that the county was responsible for maintenance of the road. <br />The county is forwarding written confirmation to the Division. Based on this <br />information, the Division feels there is no basis for a violation at this <br />time. <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203.2273 Tel. (303) 866-3567 <br />