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-~ - H - G COAL COMPANY III III III IIIIIII III .- p~~aQ:ye$~ BUSINESS OFFICE 9cXXxH9i57c&7t - 5731 STATE HIGHWA'f t3 rxL0C49 HNX8.SS811&BY2IX:@(630 MEEKER COLORADO 8t6at I~8gc%:gc3axHx ;303t 82a-a a5t Mr. Anthony J. Waldron Reclamation Specialist Colorado Mined Land Reclamation Division 215 Centennial Building 1313 Sherman Street Denver, Colorado 80203-2273 Re: Notice of Violation C-90-045 Permit No. C-80-003 Dear Mr. Waldron, November 6, 1990 The following is factual information regarding the circum- stances associated with NOV C-90-045 issued by the Division on October 12, 1990. HG Coal Company hereby requests that the NOV be vacated for the reasons that follow. We are confident that once all the pertinent facts have been reviewed, the Division will agree that HG Coal Company has indeed complied with the requirements of the Act and MLRD rules and the NOV is not warranted in this case. The NOV was issued for "failure to maintain a culvert as designed to properly convey drainage under an access road". The subject culvert is located at the entrance to the reclaimed minesite shop area. The culvert receives no untreated drainage from mining related disturbance. The NOV was issued in response to a TDN resulting from an OSM oversight inspection on September 27, 1990. The TDN was issued because the Division elected not to pursue an enforcement action during the inspection in order to pursue the question of culvert responsibility. Initially, there was some question as to whether the culvert was the responsibility of Routt County or HG Coal Company. Subsequent review of the permit document by the Division found a design for the culvert and subsequently the NOV was issued. The Division issued the violation indicating the following rules were violated. Our response to each rule is as follows: Rule 4.03.2(4): There is no evidence to indicate that this Rule was violated. The culvert is located adjacent to the county road where there is no mining associated drainage other than occasional clean water sediment pond drainage during wet springs leading to the culvert. The upper end of the culvert is open. The lower end of the culvert is plugged with silt, the source of which is the county road and other non-mining related disturbance.