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2016-06-01_GENERAL DOCUMENTS - C1981035
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2016-06-01_GENERAL DOCUMENTS - C1981035
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Last modified
8/24/2016 6:22:52 PM
Creation date
6/2/2016 6:56:37 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981035
IBM Index Class Name
General Documents
Doc Date
6/1/2016
Doc Name
Petition For Cease and Desist Order and Request For Hearing
From
Law Offices of Luke J. Danielson P.C.
To
DRMS
Permit Index Doc Type
General Correspondence
Email Name
MPB
DIH
RAR
Media Type
D
Archive
No
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Carl B Mount, 5175 W Ohio Ave, Lakewood, CO 80226 <br />Opinion <br />In light of all the above information, I believe it is imperative that the l7RMS and La Plata County include <br />measures in both of their permits to evaluate the potential water quality impacts of the waste rock <br />repository and change and implement plans in a timely fashion to ensure minimization of adverse <br />effects of runoff and leachate on surface and groundwater (as required by both agency's regulations). <br />This is especially critical because alluvial groundwater under the waste pile may be tributary to Hay <br />Gulch surface water and thus subject to Clean Water Act surface water quality standards. <br />Further placement of waste material must be stopped until the characterization of waste material and <br />designs for proper disposal of the waste material are finalized and approved by the permitting agencies. <br />The currently used waste pile was permitted many years ago with extremely minimal geochemical waste <br />characterization from a static or kinetic perspective. The waste pile is very likely a source of current and <br />future water pollution. The current waste pile doesn't appear to be designed to minimize adverse <br />effects of surface water runoff and leachate from the waste on surface and ground waters as required <br />by the regulations. There is no water monitoring system in place that effectively monitors quantity and <br />quality of surface water runoff or leachate from the waste and thus, the effectiveness of the waste pile <br />design is not being evaluated. No plans are in place to begin monitoring this waste piste. Since there is no <br />effective waste characterization and no monitoring system, the design is impossible to evaluate and its <br />effectiveness is impossible to determine once it is constructed. <br />GCC has delayed finalizing TR20 for more than four years. Allowing GCC to continue to deposit waste <br />rock in the present repository is making the problem worse and more difficult and expensive to correct. <br />Lead, cadmium, fluoride and other toxic constituents have already been noted in elevated levels that <br />exceed Primary Maximum Contaminant Levels for cadmium, lead, and fluoride at the Wittse Well, an <br />alluvial groundwater well in Hay Gulch directly downstream of the present waste pile (Fischer, personal <br />communication and as noted in Brooks, 1985). Monitoring of these constituents is not presently <br />required. <br />Suggestions <br />First, stop further placement of uncharacterized coal mine waste in a waste pile that is not designed to <br />contain soluble and water transportable pollutants from the waste to alluvial groundwater and on to <br />Hay Gulch surface water. The practice of placing mine waste in this manner has most likely already <br />resulted in environmental harm to water resources at this site and at many other mining sites in <br />Colorado. Although there are no monitoring, data at this site, because there has been no monitoring, the <br />practice of placing more waste should be ceased immediately. Based on experience at many other sites, <br />this kind of disposal, especially when the waste has not been characterized, "...can reasonably be <br />expected to cause significant imminent environmental harm to land, air, or water resources (See <br />Colorado Surface Coal Mining Reclamation Act at 34-33-123(1)x." And, given GCC's continued delaying <br />tactics to prevent resolution of this situation, it is now appropriate for the RRMS to issue a cessation <br />orderto halt further placement of waste at this site. To not do so merely compounds a problem that <br />will be difficult to mitigate. <br />Mr. Luke Oaniplwn, Esq. Page 3 <br />9Gng [and n Mine water and Coal Mine Wasto Concern, <br />May 11, 2016 <br />
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