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:. <br />-; <br />III IIIIIIIIIIIIIIII <br />STATE OF COL,v>~~.~ <br />f~11NED LAND RECLAh1ATION DIVISION <br />Deoarment of Natural Resources <br />t 3 i? Sherman St.. Room 2t 5 <br />Gtn:-~:. CO 80203 <br />?03 cEE 356i <br />FA~< 3C3 632~Bt06 <br />October 11 , 1990 <br />Mr. Robert Hagen <br />Office of Surface Mining <br />Albuquerque Field Office <br />025 Silver Avenue, S.W., Suite 31U <br />Albuquerque, New hiexi co 137102 <br />RE: Ten-Day Notice Number X-90-02-107-13 TV1 <br />Dear htr. Hagen: <br />~`^`O^.o <br />2~~.r!4 <br />:l: `-' <br />~. :. <br />~. ~-" <br />~ l g i e <br />Fay Romer. <br />Governor <br />Retl R. Banta <br />Division Dneaor <br />This letter is written in response to Ten-Day Notice X-90-02-107-13 TY1 issued <br />to the Hayden Gulch Mine and receives at our office on October 3, 1990. The <br />notice was issued for failure to maintain access roans to have adequate <br />drainage using structures such as, but not limited to,........culverts. <br />Although no section of the Regulations of the Colorado Mined Land Reclamation <br />Board for Coal Mining was cited in the Notice, it is assumed that Rule <br />4.03.2(4) and/or 4.03.2 were the regulations believed to be applicable. <br />On September 27, 1990, during the course of a complete inspection at the <br />Hayden Gulch Mine (C-80-003), a culvert under the access road to the <br />shop/warehouse area was discovered to be almost completely clogged at the <br />outlet end, and for some distance into the culvert. The inlet end was clear. <br />Since the culvert was outside of the entrance to the mine and adjacent to the <br />county road and provides drainage for the ditch alongside the county road, it <br />was not clear whose responsibility it was to maintain the culvert. Upon <br />examining the permit application and records at the loadout, it .vas still not <br />clear who had the responsibility to maintain the culvert. <br />After returning to the office, contact was made with the Routt County Road and <br />Bridge Department in an attempt to clarify who installed the culvert and who <br />nod the responsiuility to maintain it. The county's response was that it was <br />the private party's responsibility to install and Raintain the culvert for a <br />private property access oft of a county road. However, it was their policy to <br />provide Raintenance in the event that a culvert became Clogged to the point <br />where it tnay endanger the road. <br />