ENFORCE21820

• Permit No: C1981041
• IBM Index Class Name: Enforcement
• Doc Date: 12/23/1996
• Doc Name: PENALTY ASSESSMENT FOR NOV C-96-020 ROADSIDE MINE ‎(C-81-041)‎
• From: DMG
• To: DAVE BERRY
• Violation No.: CV1996020
• Media Type: D
• Archive: No

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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Deparlmenl of Natural Resources
l J l 3 Sherman 51., Room ? I S
Denver, Colorado 80203
Phone: [phone]
FA%:13031 832-8106
DATE: December 23, 1996
TO: Dave Berry
FROM: Dan Mathews ~ ~~
RE: Penalty Assessment for NOV C-96-020
Roadside Mine (C-81-041)
~~~
DEPARTMENT OF
NATURAL
RESOURCES
Roy Romer
Governor
lamer S. LOChhead
Ezecmive Director
Michael B. Long
D rcisiun Dnec ror
Larry said that you had offered your penalty assessment services
for this NOV. The issuance date was December 2, so the 30th day
would be January 2. Two violations had been issued in the 12 month
period prior to December 2. NOV C-95-027 was issued on 12/11/95
for failure to construct a refuse area diversion ditch as designed,
and NOV C-96-010 was issued on 5/1/96 for a minewater discharge
exceedance.
Attached to this memo is my December 20, 1996 inspection report and
termination notice of the same date. The operator had reported the
abatement work completed on December 3, the day after the NOV was
issued. The abatement was completed more quickly than I had
thought might be possible, but evidently low temperatures on
December 2-3 resulted in frozen ground surfaces, allowing a grader
to access the site. A ditch/beret which had been installed along a
portion of the working bench prior to my inspection of 12/1 had
been extended, and material eroded onto the terrace ditch below the
eroded slope had been cleaned off.
The NOV resulted from improper surface drainage on the active
refuse bench, which caused erosion of exposed refuse that partially
blocked the terrace ditch below, creating the potential for
deposition of coal waste on revegetated slopes below the terrace
ditch, and erosion of reclaimed slopes of the refuse area. The
prompt abatement prevented any actual damage.
The NOV and associated inspection report (dated 12/9/96) should be
available in the Denver public file. Give me a call if you have
any questions.
Thanks.