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Carbon Junction / Ewing Mesa Culverts <br />21-Nov-2007 <br />Page 3 of 3 <br />subsequently withdrawn. The pertinent text of the September 2003 Amendment actually reads as <br />follows: <br />For this revision, the Ewing Mesa Pit will absorb the South Pit, Topsoil Stockpile #3, the <br />multi-use Topsoil/Overburden Pile and flat portions of the multi-use area from the coal <br />mine. Topsoil piles #4, #7 and #8, Sediment Pond #1 and the original diversion channel <br />for Carbon Junction drainage into the sediment pond will remain part of the coal mine. <br />All of these areas as well as the North Pit, Sediment Pond #2, Coal Overburden Pile, <br />Access Road and Topsoil Pile #2 will continue to be bonded under the Carbon Junction <br />Mine permit. " (p.2) <br />In the paragraph above, the second sentence states, "Topsoil piles #4, #7 and #8, Sediment Pond <br /># 1 and the original diversion channel for Carbon Junction drainage in to the sediment pond will <br />remain part of the coal mine." This "original diversion channel" is the Channel in which the <br />Culverts of interest are located. <br />Now that we have a more complete understanding of the different permits and the demarcations <br />between them, it is apparent that FCM has neither authority nor obligation when it comes to the <br />issue of maintaining the channel, or any culverts within it. <br />We wish to thank the Division of Reclamation, Mining and Safety for providing us with copies <br />of the correspondence between the Division and Savage and Savage concerning this issue. We <br />take exception to claims made by Savage and Savage that the Culverts in question are within the <br />Gravel Pit permit, when the reclamation plans clearly state that they are covered by the Coal <br />Mine permit. <br />On November 7~', Ms. Talvitie returned Mr. Savage's phone call to inform him that he needed no <br />permission from our company in order to unplug or remove the Culverts in question because the <br />Culverts were not under our control. FCM has received no additional communication from Mr. <br />Savage. <br />Please do not hesitate contact me if we can provide you with any additional clarification. <br />Sincerely, <br />.~~~~ , <br />Peter J. egmund, resident <br />Oldcastle SW Group, Inc. dba Four Corners Materials <br />P.O. Box 1969 <br />Bayfield, CO 81122-1969 <br />(970) 884-9704 Fax: (970) 259-3631 <br />xc: Four Corners Materials <br />