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operation (CDRMS permit M1992116) within and adjacent to the Cazbon Junction Mine <br />coal permit azea. In fact, aggregate operations and coal mine operations shazed portions <br />of the sediment control system, South Pit, and Equipment Storage areas on Ewing Mesa. <br />These areas were within the coal mine permit area and/or the aggregate mine permit area. <br />Between 1992 and 2004, the aggregate operation operated and assisted in reclamation <br />operations at the Carbon Junction Mine. The aggregate operation was closed and <br />reclamation begun in 2004. The differing responsibilities for reclamation under the <br />mineral and coal acts, in addition to a severing of the business relationship between <br />Oakridge Energy and Four Corners Materials (the current aggregate operation permittee), <br />required a definition of reclamation obligation boundaries which was subsequently <br />approved by the Division in Technical Revisions 11, 12, and 13 to the Cazbon Junction <br />Mine permit. In 2006, final reclamation was undertaken and completed (with the <br />exception of sediment control system removal and removal of some equipment) at the <br />Cazbon Junction Mine, with application for Phase I bond release following (CDRMS <br />decision pending). <br />CDRMS NOV CV-2007-005 <br />As the result of an inspection on August 14, 2007, NOV CV-2007-005 was issued by <br />Wally Erickson on September 4, 2007. The NOV was issued for, "failure to minimize <br />disturbance to the prevailing hydrologic balance at the mine site and in associated off-site <br />areas, and failure to maintain one set of dual culverts in the East Collection Channel: ' <br />The culverts alluded to are further described as, "the set of dual culverts in the East <br />Collection Channel under the road providing access to Topsoil Stockpile 7" <br />Four abatement steps were required in the NOV; <br />• Submittal of a minor revision to identify the culverts in the East Collection <br />Channel not currently identified in the permit and reincorporate those sections of <br />the East Collection Channel that currently lie beyond the boundaries of the coal <br />mine permit. <br />• Clean out the dual culverts that are the subject of the NOV. <br />• Restore the East Collection Channel in accordance with the approved designs. <br />• Have the East Collection Channel re-certified by a registered professional <br />engineer. <br />Basis for Vacation of NOV CV-2007-005 <br />Concerned by the allegations of the NOV, I conducted an investigation into the culvert <br />history, designs, placement, maintenance, reclamation, and responsibility. <br />My investigations revealed that the subject culverts do not appeaz in the Cazbon Junction <br />Mine permit documents for the reason that they were not installed by Pueblo Coal or <br />Oakridge Energy and aze not part of the Carbon Junction Mine coal operation. The <br />culverts are located beneath an access road that does not provide access to Topsoil Pile 7 <br />as stated in the NOV, but to the west segment of the former aggregate operation. As <br />described above, the location of the subject culverts is within azeas of both the coal mine <br />and aggregate operation. I contacted Ms. Mazcia Talvitie, environmental supervisor for <br />/vv~vwwvw N`" <br />Oakridge Energy Carbon Junction Mine Page 2 <br />NOV CV-2007-005 Vacation Request <br />