ENFORCE23416

• Permit No: C1981041
• IBM Index Class Name: Enforcement
• Doc Date: 10/28/1997
• Doc Name: NOV C-97-016 PENALTY ASSESSMENT
• From: DMG
• To: DAVE BERRY
• Violation No.: CV1997016
• Media Type: D
• Archive: No

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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Depanmenl of Natural Resources
1 313 Sherman 5t., Ronm 215
Dcnvcr, Colorado 80203
Phone: 13113) R66-3567
FAI~ U03) 8328106
DATE: October 28, 1997
TO: Dave Berrv
FROM: Dan Mathews ~/~
RE: NOV C-97-016 Penalty Assessment
Roadside Mine (Permit No. C-81-041)
Dave:
Ilrb~
DEPARTMENT OF
NATURAL _
RESOURCES
Roy Romer
Governor
lames 5 Lxhheari
Fecmive Direcbr
Michael B Lnn4
Division Dueaor
Enclosed is NOV C-97-016 issued October 3, based on September 29 inspection, and also a
Modification to the NOV sent to the operator on 10/21/97. November 3 will be the 30th day
after issuance of the NOV. As you have probably surmised, I am requesting [hat you prepare a
proposed civil penalty assessment.
Repair work had been initiated prior to my reinspection on 10/3, and considerable progress had
been made, but abatement work had not been completed at that time. Operator notified me on
10/21 that abatement work specitied in the initial NOV had been completed on 10/16. I plan to ~
inspect the site this Friday to check abatement.
There are two reports you may want to look at pursuant to this NOV and subsequent
modification, which should be on file in Denver; inspection report issued 10/23/97, and the
Refuse Area Special Focus Inspection Report Addendum which was attached to the ] 0/21/97
NOV modification.
With respect to fault, a number of the problems were caused by improper control of drainage
tiom the active refuse bench, which has been a problem in the past. Some problems were due to
ditch capacity less than approved design (CRDA-2 Upper Diversion), and some problems were
due to ditches which silted in and did not function properly, although appa ~ently constructed and
maintained incompliance with approved designs. Environmental impact was limited to one
gully on a reclaimed reftlse bench at CRDA-2, and some disturbed runoff which escaped
perimeter collection ditch at CRDA-2. Offsite hydrology impact should be considered in the
context of [he high intensity storm event which resulted in flash tlood type storm flows in Coal
Canyon Drainage and several of its tributaries.