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LTP-5 (904) ~ - III IIIIIIIIIIIIIIII sss YAMPA MINING CO. P.o Box HH HAYDEN, CALORA00 81834 June 26, 1985 ~I~iC~ci ~~t~7 ,!UI_ ^ ~ MINED LAND RECLAMATION DIVISION' Mr. Dan Mathews Mined Land Reclamation Division Colorado Department of Natural Resources 1313 Sherman Street, Room 423 Denver, Colorado 80203 Subject: Notices of Violations Dear Mr. Mathews: Three Notices of Violations (NOV) were issued to Yampa Mining Company on June 20, 1985. Specific plans have been developed to correct the problems and comply with the requirements of the regulations sited by the NOV's. Section 5.04.3 of the regulations provides the mine operator the opportunity to submit to the Division written information concerning the violation. Yampa Mining Company, (YMC) feels the Division should consider the following information in reviewing the facts surrounding the violations and assessing civil penalties. Notice of Violation C-85-062 addresses erosion and sediment deposition on an area where topsoil had been redistributed. This erosion occured in a major drainage in the reclaimed area with only a small area of this drainage affected by the erosion and sediment deposition. Yampa Mining Company constructed appropriate ditches to control runoff from mining areas. A small area regraded during the fall, 1984, was not topsoiled until June, 1985 due to inclement weather in 1984. It was not possible to divert runoff from the regraded area around areas that had been topsoiled. Consequently snow melt runoff from the regraded area passed through the topsoiled area causing some erosion and deposition of overburden material. The topsoiled area was seeded and mulched in 1984 to aid in protecting the topsoil from wind and water erosion. Yampa Mining Company made a serious effort to minimize erosion in the major drainage. In addition, the impact of this erosion was not significant and did not impare reclamation efforts. Therefore YMC requests the Division to vacate NOV #C-85-062. Yampa Mining Company was cited for failing to implement measures to control runoff from all disturbed areas (NOV C-85-063). A small area (approximately 1 acre) of topsoil was stripped prior completing construction of a diversion ditch. It was noted in the NOV in Section III that the company had given a higher priority to topsoil stripping than construction of the ditch. It is the opinion of YMC that there was a misunderstanding between yourself and