ENFORCE22164

• Permit No: C1981012
• IBM Index Class Name: Enforcement
• Doc Date: 8/26/1994
• Doc Name: OSM Response Letter
• From: DMG
• To: OSM
• Violation No.: CV1994018
• Media Type: D
• Archive: No

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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Depanmenl of Natural Resources
1313 Sherman Sl., Room 215 `y

Denver, Colorado 80203 I
~~

Phone: (30]) 866-3567 II
FAX: [phone]
DEPARTMENT OI
NATURAI
August 26, 1994 RESOURCE'
Roy Ramer
Mr. Stephen G. Rathbun, Chief cover^or
Inspection and Enforcement Branch lames S. Lochhead
Executive Dueaor
Office of Surface Mining Michael B. Long
Reclamation and Enforcement Division Director
505 Marquette Avenue NW, Suite 1200
Albuquerque, NM 87102
Re: Notice of Violation C-94-018, New Elk Mine, Permit No. C-81-012
Basin Resources, Inc.
Dear Mr. Rathbun:
On August 22, 1994, the Division received your office's August 18, 1994 letter regarding the
recent oversight inspection at the New Elk Mine in Las Animas County, Colorado. The Division
respectfully provides our enclosed response.
It is OSM's position that the violations cited in NOV C-94-018, issued by the State at the Federal
oversight inspection of August 12, 1994, were present during the State's last complete inspection
of May 9, 1994. R'e disagree with that position. V/e believe the violations described in NOV
C-94-018 did not exist at the time of the last State complete inspection. If they had, the State
would have issued a violation at that time.
NOV C-94-018 was issued for the operator's failure to treat disturbed area runoff before the runoff
went offsite. Four areas where this occurred were identified in the NOV. These were:
1. The western portion of the westernmost coal stockpile;
2. the south bank of the Purgatoire River immediately north of the preparation plant,
underneath the conveyor belt;
3. the area east of the coal silo; and
4. the lower portion of the west Reno Mattress at the refuse disposal area.
Considering Item No. 1, it was during the May 9, 1994 State inspection that the area just west of
the western-most coal stockpile was examined. The area was in compliance at that time, although
this was not specificaly noted in the inspection report. All runoff from the coal stockpile at that
time was charmelled to sedimentation.pond 007. Just before the August 12, 1994 inspection, how-
ever, the operator regraded the area just west of the coal stockpile, and reestablished a nearby road
ditch. In doing so, a portion of the coal stockpile runoff flow was incorrectly diverted into a
nearby clean water diversion ditch, resulting in the violation we observed and cited on August 12.