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• • III IIIIIIIIIIIIIIII <br />999 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Deparlmenl ul Nnlordl Kcaumcc~ <br />171 1 Sherm,+n 51 . Knom ! 15 <br />Denver, Culuradu NO?lU <br />Phony: U(1 tI NLb 35fi7 <br />FA\: 1 10 SI N f! N I0(. <br />January 22, 1996 <br />MEMO <br />I~~~~~ . <br />DENARTMENT OF <br />NATURAL <br />RESOiJRCES <br />Roy Romt•r <br />Covemor <br />lames 5. Lochhead <br />Etrc mivr Dueao~ <br />TO: Michael Long M¢L.reIH Long <br />FROM: Tony Waldron ~~ Di.~e inn onran, <br />RE: Bear Mines No. 1, 2 and 3; File No. C-81-033; Notice of <br />Violation C-95-024 <br />Notice of violation C-95-024 was issued to Bear Coal Company on <br />December 1, 1995 for failure to collect and provide required <br />parameters associated with the hydrologic monitoring of wells AA1 <br />and AA3. Abatement was to submit a commitment to the Division in <br />writing that the sampling and analysis would be performed per the <br />permit requirements. The abatement has been performed and the <br />violation was terminated. <br />This violation was issued from the office after a review of the <br />Annual Hydrology Report apparently revealed that the analysis for <br />total dissolved solids (TDS) had not been conducted for alluvial <br />monitoring wells AA1 and AA3 as required. During the initial <br />review, the operator was contacted and given the opportunity to <br />provide the results of the analysis if they existed. In their <br />response, they indicated that the laboratory had apparently failed <br />to conduct the TDS analysis per their contractual agreement. Since <br />these wells have exhibited elevated levels of TDS in the past and <br />this is a potential impact to the hydrologic balance, a notice of <br />violation was issued. <br />As the operator was preparing for the assessment conference, they <br />discovered that the laboratory had in fact conducted the TDS <br />analysis. The laboratory recently changed its reporting format and <br />had relabeled the analysis for TDS to "filterable residue". During <br />the initial review and response, both the Division and the operator <br />missed this change and it was not until the operator was preparing <br />for the assessment conference that this oversight was discovered. <br />As a result, the Division proposes to vacate NOV C-95-024 in its <br />entirety. I have prepared a letter and vacation form for your <br />signature that will facilitate this action. <br />If you have any questions, please see me. <br />cc: David A. Berry <br />Susan McCannon <br />