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:- ~. • • III IIIIIIIIIIIIIIII <br />. 999 <br />C1rCC <br />Colorado Yampa Coal Company I 29588 Routt County Road #27, Oak Creek. CO 80467 • (303) 879-3800 <br />June 6, 1985 <br />RECEIVED <br />JUN 1 01985 <br />Mr. Dan Mathews MINED LAND <br />Colorado Mined Land Reclamation Division RECLAMATION DIVISION <br />423 Centennial Building <br />1313 Sherman Street <br />Denver, Colorado 80203 <br />Re: Alleged N.O.V. C-85-046, Mine No. 3, Permit No. C-84-062 <br />Dear Mr. Mathews: <br />Colorado Yampa Coal Company (CYCC) is submitting the following informa- <br />tion concerning the above referenced alleged violation which was issued to <br />CYCC on May 24, 1985. The alleged violation was issued for "failure to mini- <br />mize erosion to the extent possible. Specifically, failure to divert spring <br />flow from an undisturbed area away from topsoiled slope at the regraded Mine <br />No. 3 pit." <br />The spring was not present prior to the 1985 season, nor noted in any <br />previous CMLRD or OSM inspection during the 1983-1984 seasons. Topsoiling was <br />initiated in October 1984. With revegetation and soil stabilization being <br />initiated in November 1984, as detailed in CYCC's response to the alleged <br />N.O.V. C-85-044, and then completed on May 23, 1985. As snow receeded from <br />the Mine 3 area it became apparent that a new spring had appeared in the un- <br />disturbed vegetation above the topsoiled slope and created a gully in the re- <br />cently topsoiled slope. <br />The appearance of springs in reclaimed slopes is a common occurrence and <br />has been documented by the CMLRD on previous inspections at Energy Mine 1 and <br />Eckman Park. CYCC contends that the backfilling and stabilization of the <br />gully would have been completed after the spring had ceased to flow, and in <br />conjunction with the ongoing site stabilization which was underway during the <br />May 23rd CMLRD inspection. The spring ceased to flow on May 31, 1985 and will <br />be regraded as part of CYCC standard soil stabilization practices and prior to <br />the July 20, 1985 time for abatement of the alleged violation. <br />In considering this item along with our actions to abate the alleged <br />N.O.V. C-85-044 it is CYCC's opinion that it exercised sound reclamation prac- <br />tices given the conditions that existed at the time. CYCC also maintains that <br />no violation occurred and the subsequent alleged N.O.V. issued on May 24th <br />should be vacated. <br />