Laserfiche WebLink
agreement stated that the condition of the haul road was acceptable and <br />appropriate for your use, and Sun Coal Company was discharged from any <br />responsibility "concerning the design, location, size, construction, maintenance, <br />reclamation, present condition, or future problems or failure, of the Road, or any <br />part or portion of the drainage system.:'. <br />The excavations at Coal View Bench are the result of previous mining and <br />exploration. According to a Division investigation conducted in April 1990, Sun <br />Coal Company was released from liability for that area in April 1981. <br />During the recent inspection you asked whether Sun Coal Company should be <br />held responsible for gravel pit related disturbance along the Yampa River. That <br />area of disturbance is not within Sun Coal Company's permit boundary, and was <br />not a part of the coal mining operation. <br />3. The Division is unable to locate documentation of a preexisting irrigation ditch <br />that you deem to have been destroyed by the construction of the crusher facilities <br />yard surfacing. Without such documentation, the Division cannot require Sun <br />Coal Company to restore the ditch. <br />4. During the inspection you expressed concern that the discharge from the Yampa <br />sediment pond flows into the Yampa River rather than being retained on your <br />property. As you have been previously advised (May 14,1989 letter from Jeff <br />Clapton, August 27, 1990 letter from Fred Banta, September O5, 1990 meeting <br />with Jeff Clapton, December 18, 1991 letter from Larry Routten), the Division <br />cannot require that Sun Coal Company reroute the pond discharge. If there <br />should be a change to the pond design, it must be initiated by Sun Coal <br />Company. <br />5. In the opinion of the inspectors present during the inspection, rocks and <br />depressions in the "airfield" area were not significant. <br />6. The Division does not have documentation that all structures in the permit <br />boundary shall be retained. Modification or clarification of structural removal <br />plans must be revised in the mine permit application, and are subject to approval <br />by the Division. Structures currently approved for retention are the shop <br />building, the Yampa River bridge, the coal reclaim tunnel pipe, the truck scales <br />building and scales, and the office trailer. The guard shack will become your <br />property, as well. Please refer to the October 1983 settlement agreement for <br />further details. <br />7. Matters concerning the haul road drainage and design were resolved in the <br />October 1983 settlement agreement. The Division no longer has jurisdiction over <br />the haul road or related drainage structures. <br />8. Concerning the seep flowing near the crusher building well, if the seep can be <br />