INSPEC04718

• Permit No: C1981034
• IBM Index Class Name: Inspection
• Doc Name: NOV AND CEASE AND DESIT ORDER
• Media Type: D
• Archive: No

. • •
MINED LAND RECLP,MATION BOARD
DEPARTMENT OF NATURAL RESOURCES
IN THE MATTER OF
GRAND MESA COAL
RED CANYON MINE
1
III III~IIIIIIIIIIII
999
NOTICE OF VIOLATION
AND
CEASE AND DESIT ORDER
T0: All persons presently owning or requiring now or
in the future an interest in the Red CAnyon Mine.
FINDINGS OF FACT
Pursuant to the authority vested in the Mined Land Reclamatiop
Board by C.R.S. 1973, 34-32-123, as amended (1976 Session Laws, H.B. 1065)
the Board hereby makes the following findings of fact:
1. Red Canyon Coal Mine was issued a limited impact permit
N77-232 on 11-29-77.
2. Exhibit C of the Mining and Reclamation Plan delineate
3 acres of land to be affected by mining activities.
3. Applicable State and Federal laws require topsoil sal-
vage from all affected areas.
4. The application purports that soil has been used for
coal mining since 1916 and there is no topsoil.
5. On April 18, 1978 the Red Canyon Coal Mine was inspected
by the Mined Land Reclamation Department.
6. Acreage affected by mining was discovered outside of
the approved permit area. Access roads to the office trailer and refuse
disposal area, [he office trailer itself, the new ventilation shaft and
the water pipeline appear to be outside of the permit area.
7. No topsoil was salvaged in connection with the exca-
vation for the water pipeline.
8. The total surface area affected by mining appears to
be greater than 10 acres. The limited import permit is not adaquate for
mining operations larger than 10 acres.
NOTICE OF VIOLATION
You are hereby notified that the facts stated above con-
stitute violations of Sections 109,116 and 124 of Article 32, CRS 1973 as
amended.
These sections provide in pertinent parts:
34-32-109: Necessity of permit. Permit shall show the
area mined or disturbed. A permit shall be obtained prior to the en-
gaging in any new mining operation.
34-32-116: Topsoil shall be removed from the affected land
and segregated from other spoil.
34-32-124: Failure to comply with the conditions of a
permit. Whenever the Board has reason to believe that there has occured