2017-04-06_REVISION - C1981041 (10)

Home Browse Search

Rationale for Proposed Decision to Approve TR -69 April 6, 2017 Page 2 of 9 The Division issued a Proposed Decision to approve a partial release of SL -08 on October 8, 2015. The Division excluded 8.5 acres of reclaimed surface from the Phase III bond release. The Division also excluded 114.1 acres of lands overlying the South Portal underground workings until further investigation of hydrologic communication could be satisfactorily conducted. The lands overlying the South Portal underground workings included 39.7 acres of property owned by Mr. Fontanari. The Division also determined that the return of any bond monies associated with the approved reduction in reclamation liability was not appropriate at the time. Due to the potential for hydrologic communication between private surface lands and underground mine workings, the Division determined that the $719,560.86 requested by SCC would be retained until the hydrologic communication issues were resolved. The Office of Surface Mining, Reclamation, and Enforcement (OSMRE) participated in the bond release inspection on October 23-25, 2013. On November 13, 2015, the Division received a concurrence letter from the OSMRE stating that "the Denver Field Division agrees with the DRMS findings and decision document and herby provides OSMRE concurrence for the bond release action..." and "DRMS's Proposed Decision documents the applicant's compliance with the approved Colorado regulatory program at Rule 3.03.2". The BLM also attended the first two days of the bond release inspection. Through correspondence dated November 13, 2015, the BLM also provided its concurrence with SL -08. On June 11, 2014, Mr. Fontanari came to the Division's Grand Junction Office to meet with Division representatives to discuss his objection to the pending SL -08 Bond Release Application. On the morning of June 11, 2014, the Division made arrangements to meet with Jim Stover, representing SCC, at the mine site to view and discuss Mr. Fontanari's concerns related to subsidence and hydrology impacts. The majority of the inspection focused on viewing the water application that Mr. Fontanari was implementing on his property and on the adjacent land to the west, owned by Mr. Jason Carey. We noted a large amount of flow in the lower irrigation ditch that runs from east to west and brings water from his headgate on Rapid Creek. Mr. Fontanari indicated that he had been running the water for about four weeks at around 4 cfs. The Division observed that the Carey Pond, a dug -out pond on the edge of the Carey/Fontanari property, had recently been enlarged to more than twice its prior size. Overburden from the top of the mine workings to the ground surface in the area of the Carey Pond is estimated to be approximately 110 feet (SL -08 Findings p.24). The Division also observed newly dug ditches that extended out towards I-70 and the South portal area. The water at the end of the new ditch that ran to the north (and turns abruptly to the west) seemed to disappear into the ground at the 90° turn to the west. The inspection continued to the South Portal backfill area where the Division noted a higher than usual flow from the French drain that drains the portal backfill. On June 17, 2014, SCC notified the Division that the flow from the lower irrigation ditch had increased significantly over the weekend and that the site should be inspected. The flow was substantially greater and appeared to be flowing at approximately 60 gpm in the French drain ditch. The Division also noted seepage from the base of concrete abutment north of the backfill. On the south side of the backfill the slope was saturated up to a height of 7 feet. Division management felt this was a critical situation and contacted Mr. Fontanari asking him to shut the water off. The next day the Division confirmed that the water had been turned off. SCC began daily inspection of the seepage from the South Portal and installed a flume to get an accurate measurement of flow in the French drain that conveys the seepage to an outfall below and eventually off-site.