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~~ <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />November 29, 2007 <br />Mr. Michael Savage <br />Savage and Savage Environmental <br />4610 Haystack Drive <br />Windsor, CO 80550 <br />Re: Modification -Notice of Violation CV-2007-005 <br />Carbon Junction Mine (Permit No. C-92-080) <br />Mr. Savage: <br />COLORADO <br />DIVISION O F <br />RECLAMATION <br />MINING <br />-&- <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />Thank you for meeting with the Division of Reclamation, Mining and Safety (DBMS) <br />regarding Notice of Violation (NOV)Number CV-2007-005. Upon further review of all <br />information available at this time, the DBMS hereby issues the attached Modification <br />Notice For Notice of Violation Or Cessation Order For Coal Operations for NOV CV- <br />2007-005 (dated November 29, 2007). Also attached is a modified Notice of Violation <br />form for the same NOV (dated November 29, 2007). <br />The specific issue ofnon-compliance may be most directly defined as a loss of disturbed <br />area drainage and sediment from the East Collection Ditch because the East Collection <br />Ditch was not maintained as designed and approved in Permit Number C-1992-80. The <br />permit specifies an open .ditch of certain dimensions, and ground work is required to <br />restore the approved ditch configuration. <br />The existing approved permit documents include various potentially inconsistent <br />materials. However, it is noted that the East Collection Ditch is depicted in its entirety on <br />the Surface Water Control Map, and it appears that this map remains as a valid <br />component of the approved permit. The permit materials will be much improved if at the <br />time of Permit Renewal in February, the documents are reviewed and revised to better <br />document the permit requirements. In the meantime, reference to permitting actions will <br />be removed from the present NOV since the issue of ground noncompliance is not a <br />result of a permitting issue. <br />The issue of recertification will be removed from the NOV because it appears that the <br />East Collection Ditch drains an area of less than one square mile, thus 4.05.4(2) will not <br />apply. It is expected that the repair location will be restored to the previously approved <br />configuration, and consistent with the greater upstream and downstream areas of the <br />ditch. <br />Office of <br />Office of <br />Mined Land Reclamation Denver Grand Junction Durango Active and Inactive Mines <br />STATE OF COLORADO <br />