ENFORCE34121

• Permit No: C1980003
• IBM Index Class Name: Enforcement
• Doc Date: 11/1/1990
• Doc Name: memo on NOV Issuance
• From: MLRD
• To: JIM STEVENS
• Violation No.: CV1990045
• Media Type: D
• Archive: No

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STATE OF COLUKAllu
MINED LAND RECLAMATION DIVISION
Department of Natural Resources
1313 Sherman St., Room 215
Denver, CO 80203
303 866-3567
FAX. [phone]
DATE: November 1, 1990
T0: Jim Stevens
FROM: Tony Waldron~~
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Roy Romer,
Governor
Fretl R. Banta.
Division Director
RE: Notice of Violation C-90-045 issued to H-G Coal Company (C-80-003)
This memo is written to illuminate the circumstances for the issuance of
NOV-C-90-045. The violation was written for failure to maintain a culvert
under an access road.
On September 27, 1990, a complete inspection was conducted at the Hayden-Gulch
Mine. During the course of the inspection the culvert under the access to the
warehouse/shop area was discovered to be almost completely clogged at the
outlet and for what appeared to be a considerable distance into the culvert.
At the conclusion of the inspection a close-out meeting was held with the
operator at which time he suggested that the county road maintenance crew was
responsible for naintaining the culvert. Upon reviewing the permit
application on site we were unable to determine if the operator was indeed
responsibile for the maintenance of this culvert. Since this was an oversight
inspection the OSM inspector felt that unless we issued an NOV they would
issue a Ten Day Notice. At the time of the inspection I felt that it was
possible that the county had jurisdiction over this particular culvert and
could find nothing contrary to this in the field. Therefore, no Violation was
issued and OSM did issue Ten Day Notice X-90-02-107-13 TVl for failure to
maintain a culvert under an access road. Upon returning to the office I
contacted the Routt County road department in an attempt to clarify
responsibility for the culvert maintenance. The county informed me that by
law, it is the responsibility of the landowner to maintain culverts associated
with access roads or driveways off of county roads. However, they did
indicate that it is their policy to occasionally provide maintenance in these
situations. In addition to this, I found evidence in the office copy of the
permit application which clearly showed that H-G Coal Company had provided the
Division with design specifications of all culverts on the mine site and the
culvert in question (Culvert 6) was included in these designs and on a map.
In the period of time which had elapsed between the inspection and the
deadline to respond to the TDN, the operator failed to clear the culvert of
the blockage as advised by the Division. Therefore, NOV C-90-045 was issued
for failure to maintain a culvert under an access road.
If you have any questions or require additional information please see me.
1191E/scg