INSPEC02235

• Permit No: C1981022
• IBM Index Class Name: Inspection
• Doc Date: 10/25/1996
• Doc Name: COAL INSPECTION REPORT
• Inspection Date: 10/16/1996
• Media Type: D
• Archive: No

,_
III. COMMENTS -COMPLIANCE
Below are comments on the inspection. The comments include discussion of observations made
during the inspection. Comments also describe any enforcement actions taken during the
inspection and the facts or evidence supporting the enforcement action.
This was an inspection of the Sanborn Creek Mine (Oxbow Carbon and Minerals), and the
inspection was conducted in response to a Citizen's Complaint from Dennis Short. The
complaint letter was dated October 8, 1996, and the letter was received at the Division of
Minerals and Geology (DMG) on October 9, 1996. Mr. Short waived his right to confidentiality
in the letter, and a copy of the letter is included with this report. This inspection was conducted
by David Berry (DMG), in the company of Mitch Rollings of the Office of Surface Mining
(OSM), and Tom Anderson and Walter Wright of Oxbow Carbon and Minerals.
This inspection was conducted to review the allegations presented in Mr. Short's letter, and in
compliance with State of Colorado Rule 5.02.5. Rule 5.02.5 requires that the DMG inspect the
site no later than ten days following receipt of a complaint. In this case, the tenth day following
receipt was Saturday, October 19, 1996. David Berry received the complaint letter on October
15, 1996 and proceeded to coordinate the necessary inspection as expeditiously as possible.
Conflicting and inflexible inspection schedules made it necessary to inspect the Sanborn Creek
Mine on October 16, 1996. Mr. Short was notified, as far in advance as was practicable, of the
inspection time and date. Specifically, Mr. Short was contacted by telephone at approximately
6:15 p.m. on October 15, 1996 at [phone]. The call was made after 6:00 p.m. as
requested by Mr. Short in his letter of October 8, 1996. During the telephone conversation,
David Berry informed Mr. Short that the requested inspection would occur at approximately 2:00
p.m. to 2:30 p.m. on October 16, 1996, and that Mr. Short was welcome to attend the inspection.
Mr. Short asked if he could travel to the site with Berry, and Berry informed Short that State
liability policy forbids passengers in State vehicles. Mr. Short asked for Mr. Berry's phone
number, and a work number was provided. Mr. Short stated that he would contact Berry if he
intended to join the inspection. Mr. Berry mgnitored the after-hours reception voice mail late
during the evening of October 15, 1996, and during the morning of October 16, 1996. No
messages or other contact were received from Mr. Short.
Berry met Mitch Rollings (OSM) at the Post Office located across the road from the Sanborn
Creek Mine at approximately 1:50 p.m. on October 16, 1996. Rollings and Berry proceeded into
the Sanborn Creek site at approximately 2:00 p.m. The mine representatives Tom Anderson and
Walter Wright were contacted, and the complaint situation was reviewed. At approximately 2:30
p.m. Mitch Rollings went back to the mine entrance area, and to the Town of Somerset to look
for Mr. Short. Rollings returned to the mine office and reported that Mr. Short was not found.
The inspection proceeded to the east Sanborn Creek Mine entrance. The inspectors noted a
sign warning of blasting activities. This sign was mounted on posts in the ground, located on the
east side of a wood barrier. This wood bamer is constructed partially across old State Highway
133, and is located about 30 yazds west of the turn-around location used by Colorado
Department of Transportation vehicles engaged in maintaining old State Highway 133. Oxbow
Carbon and Minerals representative Walter Wright stated his belief that the barricade was
constructed by the Colorado Department of Transportion, possibly during June of 1990. The
barrier has been in place for many years, and it provides notice to the public that public access
is restricted, due to the abandonment of old State Highway 133. The barrier is appropriately