ENFORCE21409

• Permit No: C1981022
• IBM Index Class Name: Enforcement
• Doc Date: 3/14/1994
• Doc Name: SOMERSET/SANBORN CREEK MINE FN C-81-022 PATTERN OF VIOLATIONS
• From: DMG
• To: MICHAEL B LONG
• Violation No.: CV0000000
• Media Type: D
• Archive: No

III IIIIIIIIIIIIIIII
999
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Departmem of Natural Resources

1313 Sherman Si.. Room 215 ~
Denver, Colorado 80203 I~~~
Phone: (J031866~3567
FAX: 130J) 832-8706
DEPARTMENT OF
NATURAL
RESOURCES
Date: March 14, 1994
Roy Romer

To: Michael B. Long, Division Director Govrmor
Xen Sa~a~a,
E.ecmive Director
From: Steven G. Renner, Coal Program Supervisor m~chael 8. Long;
Division DveUOr
Re: Somerset/Sanborn Creek Mine, File No . C-81-022
Pattern of Violations
The Division has determined that a Pattern of Violations as defined in Rule 5.03.3(2)la) has
existed at the Somerset/Sanborn Creek Mine, operated by Somerset Mining Company, in Delta
and Gunnison Counties. Seven Notices of Violation have been issued to Somerset Mining
Company within the 12-month period from October 1, 1992 through September 30, 1993.
These NOV's were issued as the result of inspections conducted on October 20, 1992;
February 23, 1993; April 22, 1993; and August 12, 1993.
The Division did not vacate any of the violations. The permittee paid civil penalties totaling
58,200.00. All appeal periods have passed, with no appeals being filed by the permittee.
Four of the seven violations were issued for violations of the performance standards related to
protection of the hydrologic balance. These four violations are:
NOV C-92-033 -Issued for the permittee's failure to maintain a functional sediment pond
during construction of that pond's replacement. Material excavated during construction of
the new pond was placed into the permitted sediment pond, completely filling it in.
Potential existed for untreated disturbed area drainage to pass offsite (10-20-92 inspection).
2. NOV C-93-032 -Issued for a mine water discharge pond effluent which exceeded NPDES
sample standards for total suspended solids. During permitting of this pond, the Division
expressed reservations to the permittee regarding the inadequate size of the pond, if mine
inflows proved greater than expected (2-23-93 inspection).
NOV C-93-068 -Issued for the permittee's failure to construct and maintain a ditch, sized
fora 100-year, 24-hour precipitation event, around the coal refuse pile at that mine. The
ditch design specifications had been revised and approved less than six months prior
(4-22-93 inspection).
4. NOV C-93-117 -Issued for the permittee's failure to ensure that small area exemption
sediment control features are maintained so that all disturbed area drainage would pass
through an approved sediment control structure before discharging offsite. Lack of berm
maintenance caused drainage, laden with coal fines, to bypass sediment control structures