2007-10-19_ENFORCEMENT - C1992080

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3) Restore the East Collection Channel in accordance with its approved sediment control design; and 4) Have the restored East Collection Channel re-certified by a qualified registered professional engineer in accordance with the requirements of Regulation 4.05.4(2). Oakridge's Basis for Request for Vacation The request for vacation is based on a claim that the subject set of dual culverts is the reclamation responsibility of an adjoining aggregate operation and, therefore, the coal mine operation (Oakridge) has no responsibility for maintenance of the culverts. In support of the claim, the request for vacation cites email correspondence from a representative of the aggregate operation which acknowledges the aggregate operation has responsibility for reclaiming the culverts. The email also explains that the culverts remain in place underneath a road that provides access for reclamation activities at the aggregate operation. The request for vacation included a request for modifying abatement steps 1 through 4, based on the claim that the culverts and East Collection Channel aze not Oakridge's responsibility to maintain and the NOV was not issued for failure of the channel. Coal Program Comments on Oaltridge's Request for Vacation Drainage from the aggregate mine permit azea and the coal mine permit area flows to the East Collection Channel and the subject culverts, with the majority of flow originating in the coal permit area. Oakridge is responsible for maintenance of the East Collection Channel because the channel conveys drainage from their disturbed area to their sediment control pond (Pond 1). Oakridge is also responsible for retaining sediment within disturbed azeas. The possibility that the culverts in the East Collection Channel were installed by another party (the aggregate operator) does not relieve Oakridge from maintaining the function of the channel, including any structures in the channel, nor does it relieve Oakridge from retaining sediment within its disturbed areas. Although the culverts extend underneath a road which provides access to the aggregate mine permit azea, the culverts and the road are inside the coal mine permit area. Oakridge has not disputed the culverts' function as part of the sediment control system for the coal permit area. Sections 4.05.3(1)(e) and 4.05.4(1)(b) of the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining require proper design and maintenance of a sediment control system in a coal permit area. Abatement steps 1 through 4 are necessary, as written in the NOV, in order to ensure compliance with Sections 4.05.3(1)(e) and 4.05.4(1)(b). Step 1 requires documenting in the permit the East Collection Channel and culverts. Step 2 requires cleaning the culverts. Steps 1 and 2 are necessary, as written, directly as a consequence of recognizing that the coal regulations apply to the East Collection Channel and the dual culverts. Steps 3 and 4 (restoration and re-certification of the East Collection Channel) are necessary, as written, because excessive sediment-fill in this channel will hinder the function of the culverts.