Laserfiche WebLink
Tena Gallagher and Linda Saunders - K2T LLC <br />Page 2 <br />December 23, 2014 <br />complete on August 8, 2013. Bishop - Brogden and Associates submitted a report to the <br />Division on behalf of EFCI on July 19, 2013 and on September 24, 2013 discussing the <br />use of MN -NW as a monitoring well by EFCI. The report attempted to address concerns <br />found by DRMS and included models on how long it would take for water to fill in the <br />mine and reach MW -NW. The Division extended the decision due date three times after <br />TR -40 was found complete; 10/4/2014, 1/31/2014, and then to 3/31/2014. Ultimately, <br />EFCI withdrew TR -40 on February 2, 2014, before the March 31St decision date. <br />Notice of Violation (NOV) CV- 2013 -002 <br />NOV CV- 2013 -002 was issued on January 28, 2013, after a site inspection conducted by <br />the Division on January 23, 2013 found MW -NW failed to function as a water <br />monitoring well. In response, EFCI conducted a test to see if the well was functioning. <br />On March 22, 2012 a wooden block was lowered into MW -NW to a depth of 356 feet. <br />The block encountered an obstruction thought to be the result of a cave -in. When the <br />wooden block was attempted to be retrieved the cable attached to it broke. The majority <br />of the cable has been retrieved but the wooden block remained stuck in MW -NW. EFCI <br />received a directive from the Division to remove the obstruction or drill a new monitoring <br />well by December 31, 2012. The January 23, 2013 inspection conducted by DRMS <br />found the obstruction in MW -NW to still be in place. Following the inspection the <br />Division issued the violation to EFCI. An assessment conference was held on April 11, <br />2013 and following the conference EFCI paid the penalty for the violation on June 5, <br />2013. <br />Based on correspondence and communications with EFCI the Division modified the <br />NOV, effective March 25, 2014, providing EFCI a third compliance option of providing <br />information to confirm that MW -NW is functional for its intended purpose. Although the <br />Division received correspondence from EFCI attempting to prove the proper functionality <br />of MW -NW, on June 13, 2014 the Division informed EFCI that it could not terminate the <br />NOV. Based on subsequent meetings and communications between EFCI and the <br />Division, the abatement deadline for the NOV was extended to March 27, 2015. <br />Formal Hearing Process: <br />KT2's first request for hearing was submitted via e -mail on April 3, 2014 and stated a <br />very general request for hearing before the Board regarding the Division not requiring <br />"EFCI to repair and continue to monitor MW -NW according to the Hydrology Plan for <br />their permit ". The hearing request was submitted with no supporting information and <br />minimal detail. K2T's second request for hearing, submitted via e-mail on April 10, <br />contained slightly more supporting information and detail. Again, K2T formally <br />requested that the issue of EFCI monitoring MW -NW be placed on the Board Agenda, <br />