_GENERAL DOCUMENTS - C1981040 (2)

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i La Plata proposes to reduce access to the upper bench, to reduce the height of the aerial conveyor as required by the Mine Safety and Health Administration (MSHA), and to reduce access to the tipple and loadout area. Since these actions are in accordance with the required abatement, these actions are deemed appropriate by the Division. C. Cessation Order C-85-067 issued on July 22, 1985 was for "Failure to maintain an adequate and functional drainage control system. All ditches and culverts are blocked causing runoff to be discharged off-site without passing through (the) sediment pond". This CO related to the entire mine site. Abatement for this enforcement action is to " .. clean all ditches and culverts, ensure all structures are functioning properly, and control all runoff from the haulroad and lower bench (facilities area)". La Plata proposes the following actions. 1. La Plata will clean out the sediment that has accumulated in the sediment pond disposing this material in an appropriate manner. 2. La Plata will seal this sediment pond with non-toxic bentonite to protect the alluvial valley floor (AVF) from potential mine drainage contamination. 3. La Plata will reestablish Ditch 1 and 2. 4. La Plata will fix the piping at the inlet of Culvert A which allows drainage to bypass the sediment pond. 5. La Plata will unblock Culvert 8 and establish drainage to the sediment pond. 6. La Plata will unblock Culvert C. 7. La Plata will establish a drainage ditch along the upper bench access road to correct road failure problems and control drainage. Since these actions are in accordance with the required abatement, these actions are deemed appropriate by the Division. D. Cessation Order C-85-068 issued on July 22, 1985 was for "Failure to permanently seal (the) underground entries". This CO related to the four open portals on the upper bench. Abatement for this enforcement action is to "Seal open portals permanently in compliance with Rule 4.07.3 and 4.14". La Plata does not propose to permanently seal these portals but rather proposes to reduce access to these portals. While this action does not completely satisfy the required abatement, it does reduce the danger to the public's health and safety. La Plata should consult with Mine Safety and Health Administration (MSHA) or the Division of Mines regarding appropriate management of the portals. The Division deems this action appropriate. -2-