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' IM1 <br />• • III IIIIIIIIIIIIIIII <br />STATE OF COLI..><.~,_, <br />MINED LAND RECLAMATION DIVISION of ~o<o <br />Department of Natural Resources Ne~~ ~'$ <br />f 3f 3 Sherman St., Room 215 ~ -' ~ o , <br />Denver, CO 60203 r. <br />303 866-3567 `~e ~e` <br />Fnx~303 632-6106 <br />Roy Ramer, <br />Governor <br />Michael B. Long, <br />Division Director <br />DATE: September 4, 1992 <br />TO: Dave Serry <br />FROM: Stephen F. Wathen <br />RE: Permit # C-81-044; Eaqle 5 & 9 <br />NOV C-92-026 <br />I would like to relate the following information as it relates to <br />Notice of Violation C-92-026: <br />Fault <br />Terrell Johnson was not at the mine site when the violations in <br />question were first observed. Bob Meckley was with the Division <br />during the inspection on 8-24-92 and requested that we return on <br />8-26-92 to talk with Terrell. This we agreed to do. <br />The culvert and ditch in question has been an object of concern to <br />earlier inspectors; the culvert having been obstructed and the <br />ditch having been clogged with coal at other times. <br />The clogged culvert was mentioned as a maintenance :item at the last <br />inspection on 7-17-92. The culvert was clogged as a result of <br />erosion of material from a road located upslope during a storm <br />event (reported by the Terrell Johnson to be less than a 10 year/ <br />24 hour event). The culvert was nearly buried in sediment. <br />Terrell admitted on 8-26-92 that he was aware that the culvert was <br />plugged prior to our inspection and that the culvert and the ditch <br />were violations. He mentioned the fact that a company had <br />contracted to clean the culvert and had failed to do so and that he <br />had failed to follow up on this. <br />Good Faith <br />Bob Meckley and his crew had worked <br />the items on this maint list. <br />done by outside cont ct , as n' <br />worked at abating t two violatio <br />8-24-92 and 8-26-92. s f <br />-~.v Jf~~c'rf'nr5 <br />diligently to clear up most of <br />The plugged culvert was to be <br />oned above. ]3ob and his crew <br />mentioned in the NOV between <br />ormally abated on 8-26-92. <br />