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~, r <br />1 <br />• • III I I Iiill III <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Deparlmenl of Natural Resources <br />131 J Sherman SL, Room 215 <br />Denver, Colorado 80203 <br />Phone. (3031 866-3 56 7 <br />FAR O03) 83?-8106 <br />MEMO <br />June 14, 1994 <br />TO: David A. Berry <br />FROM: Tony Waldron 'W <br />~~~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />Governor <br />Ken Salazar <br />Pecuhve Dirednr <br />Michael B Lunp <br />D mision Director <br />RE: Colowyo Coal Mine, Permit ~ C-81-019, Notice of Violation <br />C-94-013 <br />On May 25, 1994, Notice of Violation C-94-013 was issued to the <br />Colowyo Coal Mine for failure to pass disturbed area drainage <br />through a sediment pond or treatment facility prior to leaving the <br />mine site. The portion of the operation where the violation <br />occurred is known as the "West Pit Area". The violation occurred <br />as the result of the operator stripping topsoil prior to having <br />sediment control ditches constructed to divert runoff from the <br />newly disturbed area into a sediment pond. The violation is pretty <br />cut and dry, however, I would like to provide some input on the <br />fault portion of the civil penalty. <br />This new pit area was permitted during a rather long permit <br />revision process and the sediment control system was clearly <br />addressed during this process. It is possible that the subject <br />area was overlooked during the permitting process by both the <br />operator and the Division. However, prior to beginning any work in <br />this area a new sediment pond was constructed and some sediment <br />control ditches were installed. The area where the violation <br />occurred was either, 1) added as an afterthought without receiving <br />the proper permitting or, 2) permitted properly but the operator <br />just did not install the diversion prior to beginning topsoil <br />stripping activities (ie, got in a biq hurry), or 3) simply <br />overlooked. From reviewing the west pit map there clearly is not <br />a ditch in this area but the area where they were stripping topsoil <br />was clearly outside of the "west pit drainage". It almost appears <br />that the operator made a conscious decision to ignore permitting <br />this area or, if permitted properly, to not install sediment <br />control ditches before topsoil stripping began. <br />