2007-11-20_ENFORCEMENT - C1992080

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Carbon Junction / Ewing Mesa Culverts 21-Nov-2007 Page 2 of 3 Based on the light, inquisitive tone of Mr. Savage's request, Ms. Talvitie conducted a cursory review of the Reclamation Permit for the Gravel Pit, and observed the following line item in Exhibit E -Reclamation Plan -Section 9 -Other Reclamation Items (Table): 3 sets of culverts in the old Carbon Junction channel area $1,200 Based on this finding, Ms. Talvitie composed the following response to Mr. Savage later the same day (October 1St), quoted here in its entirety: I do not have record of when the culverts were installed, although it is possible they were installed in order to provide better access to the gravel permit area. Our reclamation plan calls for their removal, but they had been left in place to date in order to facilitate access for reclamation (seeding, weeding, and monitoring) activities. If you wish to remove them, Four Corners Materials does not object, as long as there remains at least one good access across the channel into the gravel permit area. Conversely, if you prefer that FCMremove them, we can do so later this fall. Another feature that remains is the asphalt paved road that accesses the middle level of the gravel permit area. If the culverts are to be removed, the pavement will serve no useful purpose to either immediate access or future development of the property. Four Corners Materials will remove the pavement and seed the area if this point of access is no longer feasible or desirable. Mike Savage's message of O1-Oct-2007 is the first communication we have received from Oakridge inquiring as to the Culverts' origin. Following our Email response, we heard nothing more from Mr. Savage until OS-Nov-2007, when he left a voice mail on Ms. Talvitie's phone, transcribed as follows: I am actually belatedly following up on an email I sent you about culverts on Ewing Mesa. The Division decided to write Oakridge a violation because there was some plugging of the culverts with a localized rainstorm up there that caused some overflow above the road and across and such and thus. Here's what we're doing: Oakridge has decided to protest that violation in front of the Mined Land Reclamation Board, and in conjunction with that I have requested a temporary relief from the Board that would alleviate any requirement to mess with those Culverts until such time as the Board s heard the Violation and made a decision. But also I have contacted the guys that did our Maintenance and Reclamation work up there, C&J, and got a bid for doing some work both related and unrelated to the violation. I wanted to chat with you guys a little bit about that, because at some point I guess either what the Division's required is that we either clean out the Culverts ... or take them out, and I didn't want to do anything before talking with you folks about that and proceeding that way. Anyway, no work is likely to proceed until after Thanksgiving, so we've got a little time to talk about that. Following the October 1St exchanges, and prior to the November Sib message, FCM researched our Gravel Pit permit in closer detail, and discovered that the line item regarding removal of the Culverts was an oversight, left over from an earlier Amendment application, which was