ENFORCE23929

• Permit No: C1981020
• IBM Index Class Name: Enforcement
• Doc Date: 7/19/1983
• Doc Name: OSM VIOLATION 83-2-0-1 TO SALT CRK MINING CO MUNGER CYN MINE
• From: MLRD
• To: BRIAN MUNSON FRED BANTA
• Violation No.: TD1983020000002TV1
• Media Type: D
• Archive: No

DEPARTME• OF NATURAL RESOURCES
D. Monte Pascoe. E.ecubve Duecior
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MINED LAND RECLAMATION DIVISION
DAVID C. SHELTON, Director
Richard D. Lamm
Governor
July 19, 1983
T0:
FROM
Brian Munson, Fred Banta
M.S. Savage
RE: OSM Violation 83-2-0-1 to Salt Creek Mining Company's Munger
Canyon Mine
I have reviewed OSM Notice of Violation 83-2-0-1, CRS. 34-33-101 et sec.
and the Rules and Regulations for Coal Mining in Colorado, and would
present a response to the allegations in the OSM violation.
In part, CRS 34-33-121(i) states; "Each operator shall be required to
minimize the disturbances of the prevailing hydrologic balance at the
mine site and its associated off-site areas", and continues, by
"conducting surface activities incident to underground coal mining so as
to prevent, to the extent possible using the best technology currently
available. additional contributions of suspended solids to streamflow or
runoff outside the permit area ...".
The statute is clarified in Rule 4.03.1(1)(a) of the Regulations
addressing haul roads, which states; "Each person shall ensure that
construction, maintenance, and post-mining conditions of haul roads into
and across the site of operations will control or prevent erosion and
siltation, pollution of water or damage to public and private property."
Rules 4.03.1(4)(b-e) further expand on the measures to be taken to
control or prevent erosion. In part; "Using straw dikes, riprap, check
dams, mulches, vegetation, sediment filters, and other measures that
reduce overland flow velocity, reduce runoff volume, or trap sediment;
and such other measures to minimize erosion, resultant siltation, and
disturbance to the prevailing hydrological balance as required by ttte
Division."
The OSM Notice of Violation alleges; "Failure to control the discharge
from diversions by energy dissipators, riprap channels and other means or
devices, where necessary, to reduce erosion, to prevent deepening or
enlargement of stream channels, and to minimize disturbance of the
hydrologic balance."
423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. [phone]