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III IIIIIIIIIIIIIIII <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />131 J Sherman SL, Room 215 <br />Denver, Colorado 80207 <br />Phone: U03) 866-3567 <br />FA\:1303) 832-8106 <br />DATE: June 3, 1997 <br />TO: Mike Long ~) <br />FROM: Dan Mathews ~~ ~~ <br />RE: NOV extension b and 90th Day (2nd extension) <br />Roadside Mine NOV No. C-97-001 (Permit C-81-041) <br />I~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Rome. <br />Governor <br />lames 5. lochhead <br />Executive Direcbr <br />Michael B. Long <br />Division Direuor <br />Enclosed is a letter received May 29, 1997, from Larry Reschke of <br />Powderhorn requesting an additional extended abatement for NOV C- <br />97-001. You previously extended the final abatement deadline from <br />April 23, which was the 90th day after issuance of the NOV, to May <br />30. Due to the time associated with scheduling an engineering firm <br />to perform stability analyses associated with pond construction, <br />the May 30 abatement deadline will not be met. The stability <br />analyses have now been completed, and the stability report along <br />with other adequacy responses was submitted to the Division on May <br />29. <br />The NOV was issued for a TSS exceedance at the minewater discharge <br />point. Initial abatement involved some changes in water routing <br />within the mine. Discharge TSS levels were reduced from 520 mg/1 <br />on January 14, to 36 mg/1 on January 15 (TSS standard is 70 mg/1). <br />TSS discharge has been in compliance since that time. <br />Abatement Step 2 required submittal of a technical revision to <br />include plans for surface treatment of 004 discharge. This was <br />deemed necessary due to a history of TSS exceedances at the site <br />over the past two years. The TR application was submitted in a <br />timely manner, within the NOV specified timeframe. The final <br />abatement will involve modification of an existing sediment pond <br />for use as a minewater treatment pond. <br />I believe the operator has been diligent in pursuing abatement of <br />the violation, and that the request for additional time to allow <br />the Division to review the adequacy responses and issue a proposed <br />decision is reasonable. I recommend extension of the final <br />abatement deadline to August 28, 1997, or two weeks following final <br />approval of Technical Revision No. 22, if such date is sooner than <br />August 28. The full 90 day time frame will allow adequate time for <br />