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ENFORCE22518
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ENFORCE22518
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Entry Properties
Last modified
8/24/2016 7:32:15 PM
Creation date
11/21/2007 10:11:41 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1980007
IBM Index Class Name
Enforcement
Doc Date
6/10/1999
Doc Name
NOTICE OF VIOLATION CV-99-005 WEST ELK MINE PN C-80-007
From
MOUNTAIN COAL CO
To
DMG
Violation No.
CV1999005
Media Type
D
Archive
No
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_~; <br /> <br />MOUNTAIN COAL <br />A Subsidiary of Arch West<m Resources. LLC <br />June 8, 1999 <br />Mr. Michael Long <br />Colorado Division of Minerals and Geology <br />~'`~~ / <br />~~ <br /> <br />~II ~I~~I~~I~~~~~ ~II <br />Wes[ Elk Mine <br />POBO+591 <br />5174 Highway 133 <br />Somerset, CO 81434 <br />(970)929-5015 <br />Fax (970) 929-5595 <br />RECEIVED <br />JUId 10 1999 <br />1313 Sherman Street, Room 215 ~vislon of Minerab 8 Ge01 <br />Denver, CO 80203 o9Y <br />RE: Notice of Violation No. CV-99-005; West Elk Mine; Permit No. C-80-007 <br />Deaz Mr. Long: <br />Mountain Coal Company, LLC (MCC) submits this letter as allowed in Rule 5.04.3(1), to <br />provide additional information to determine the facts surrounding the above referenced violation, <br />in support of our request for vacation, and in the alternative for the calculation of the civil <br />penalty. <br />Notice of Violation (NOV) CV-99-005 was issued to MCC on May 19, 1999, following ajoint <br />inspection by the Office of Surface Mining (OSM) and the Division on May 11, 1999. The <br />inspection focused on the drainage control plan at the Shafr #3 site in Sylvester Gulch. The azea <br />was approved as a small area exemption (SAE) under Minor Revision No. 219 (MR#219). The <br />sediment control plan approved in the minor revision included vegetation, straw bales and a silt <br />fence located around a topsoil pile. Soil Guard was not proposed for this site. The SEDCAD <br />model prepazed for [he SAE uses appropriate values for the site conditions proposed in MR#219. <br />During the permitting of Permit Revision No. 7, the Sylvester Gulch Facilities development, <br />which subsequently included the Shaft #3 development, MCC committed to undertake an <br />"observational approach" to construction, particularly in regards to slope stability. The Division <br />approved this approach. As a result of this approach, the final facilities in Sylvester Gulch are <br />well constructed because MCC could take immediate action to adapt the plan to unforeseen field <br />conditions, such as installing a rock channel to drain a spring that appeared during excavation. <br />Shafr #3 is another good example of how this observational approach was successful. The <br />disturbance proposed in MR#219 for the construction of the shaft pad, consisted of a very large <br />"amphitheater" type of cut. The disturbance totaled approximately 3 acres. Once MCC began <br />constructing the site, we realized that the cut on the north-facing slope of the site consisted of soil <br />and the area above the proposed pad consisted of sandstone. In MCC's experience soil slopes on <br />north-facing slopes, once cut, are not stable without slope stabilization methods. We further <br />evaluated the design to delete this portion of the cut, adjusted the grade of the Shaft #3 light-use <br />road, and reoriented the pad, which made the cut on the north-facing slope unnecessary. MCC <br />knew that the cu[ above the pad would be stable and would generate very little sediment since it <br />
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