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<br />Potential damage to the hydrologic balance was immediately <br />addressed by PCC. Dikes were built down gradient in 006 Gulch to <br />prevent the oil from reaching the sediment pond. The berms <br />surrounding the tanks were reestablished to prevent any more oil <br />from entering the drainage. Meridian was contacted and they <br />brought in a pumper truck on October 15 to remove the remaining <br />oil from the tank. Sphagnum peat moss was purchased and placed <br />over all oil spills to sop the oil up. The 006 gulch and drill <br />pad were flushed with water and pumped away to remove all <br />remnants of the oil. The 006 ditch was cleaned to remove any oil <br />remnants and stored in a land farm. All remedial steps were done <br />in cooperation with the DMG, Colorado oil and Gas Conservation <br />Commission and Meridian Oil Company. <br />Recommendation <br />I find the reference to 30 CFR §816.67(d) inappropriate. PCC had <br />conducted the blast in compliance with the Colorado State <br />Program. The inspectors enforce the performance standards of the <br />Colorado Program. The Colorado Program is approved to be as <br />effective as the Federal program. Citing a Federal rule defeats <br />the purpose of having a State program. <br />I do not believe there existed a condition, practice or violation <br />that created an imminent danger to the health or safety of the <br />public or was causing or could reasonably be expected to cause <br />significant environmental harm to land, air, or water resources. <br />The tanks had been pumped, no oil was flowing from the pad, and <br />dikes had been constructed to prevent oil from flowing into the <br />sediment pond. Down gradient water samples showed no sign of <br />hydrocarbons. No topsoil was lost or contaminated as a result of <br />the blast. I do not consider the disturbance to the topsoil <br />resource significant environmental harm. <br />Based on the information presented in the assessment conference, <br />I do not find significant cause for the issuance of a Cessation <br />Order. The blast was conducted in compliance with the Colorado <br />Regulations for Coal Mining and the permit, however the damage <br />resulting from the blast did have adverse impacts on the <br />environment. Therefore, I am recommending that the CO be <br />modified as a Notice of Violation for °Failure to conduct <br />blasting to protect the environment from the adverse effects of <br />surface coal mining" requiring cessation of blasting. I <br />recommend that the second part of the Nature of the Violation be <br />deleted to eliminate the reference to ground vibrations and the <br />Federal citation. <br />Penalty <br />The proposed civil penalty was: <br />3 <br />