ENFORCE24415

• Permit No: C1981012
• IBM Index Class Name: Enforcement
• Doc Date: 12/9/1993
• Doc Name: SETTLEMENT AGREEMENT FOR NOV C-93-011 BASIN RESOURCES NEW ELK MINE PN C-81-012
• From: DMG
• To: SANDY BROWN
• Violation No.: CV1993011
• Media Type: D
• Archive: No

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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department o(Nalural Resources
1313 Sherman 51., Room 215
Denver, CO 80203
Phone: 17031 8h6-3567
FAx:[phone]
DATE: December 9, 1993
T0: Sandy Brown
FROM: Joe Dudash ~,-1
RE: Settlement Ag"revement for NOV C-93-O11
Permit No. C-81-012
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Roy Romer
Governor
Michael B. Long
Division Director
Basin Resources, New Elk Mine,
The Division requests that the settlement agreement for NOV C-93-011 be
reevaluated in light of recent developments.
NOV C-93-O11 had been issued for failure to construct to the approved designs,
and then submit certification for, five sedimentation ponds. This Colorado
NOV was issued immediately after Federal NOV 93-02-352-003 TV I had been
issued for the same reasons, but for only four sedimentation ponds.
The proposed civil penalty reflected five sedimentation ponds being out of
compliance, for a total penalty of $1500.00. After an Assessment Conference
was held on this matter a settlement agreement was drafted. It was stated in
the Settlement Agreement that the amount of the penalty would be 51500.00 if
OSM vacated the Federal NOV.
OSM did not vacate their NOV. Ultimately, the Federal NOV was terminated, and
the operator paid the Federal and penalty associated with it.
The Settlement Agreement further stated that if the Federal NOV was not
vacated, then the State should defer to the Federal process. This statement
was made with the assumption that the State NOV and the Federal NOV were exact
duplicates, which, they are not.
The Division therefore requests a reevaluation of the Settlement Agreement,
deferring four of the five sedimentation ponds to the Federal process and the
remaining pond to the State process.
The pond left under consideration in the Colorado NOV is a totally incised
pond, measuring approximately 60 feet by 60 feet, with a total capacity of
0.33 acre-feet. The pond had been constructed within the abatement period of
the previous NOV C-91-028, but as the required pond certification was not
submitted until 4 1/2 months later, NOV C-93-O11 (the one submitted for your
consideration) was issued.
There is one final item that may be relevant. The initial NOV C-91-028, that
started this process, specifically did not mention the submittal of the
certification as an abatement step. But Rule 4.05.6(10) states that
certification must be submitted to the Division immediately after construction.
If you have any questions, please call me.
JJD/amm/9443F