ENFORCE24582

• Permit No: C1981039
• IBM Index Class Name: Enforcement
• Doc Name: MLRB NOV CEASE & DESIST ORDER CIVIL PENALTY FINDINGS OF FACT
• Violation No.: CV0000000
• Media Type: D
• Archive: No

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MINED LAND RECLAMATION BOARD
DEPARTMENT OF NATURAL RESOURCES
IN THE MATTER OF )
THE ROCKCASTLE COMPANY)
it
NOTICE OF VIOLATION
CEASE AND DESIST ORDER
CIVIL PENALTY
T0: ROCKCASTLE COMPANY and all persons presently owning or
acquiring now or in the future aninterest in the Grassy
Creek Coal Company Mine No. I.
FINDINGS OF FACT
I. The ROCKCASTLE COMPANY is operating a surface strip coal
mine known as the Grassy Creek Coal Company Mine No. 1, pursuant to
Permit Number 78-45.
2. Inspection of the site on April 17, 1979 revealed that
ROCKCASTLE COMPANY has failed to adequately salvage topsoil in a
number of areas. The areas are as follows:
a) The access/haul road is currently being widened. This
construction was done without salvaging topsoil. .Vegetation and
topsoil material were mixed with overburden material resulting in
the loss of the topsoil. This demonstrated in slides number 6-9,
11,20 of date April 17, 1979.
b) Vegetation is visible on the edge of the highwall of
pits A-1 and B-l, because of such practice topsoil was not salvaged
but lost. This is demonstrated in slides number 3,5,16 of date
April 17, 1979.
c) A road cut had been made between pits B-I and B-2. The
topsoil had been pushed down into the B-I pit area resulting in the
mixing of this material with overburden material. This is demonstrated
in slides numbered 5,7 of date April 17, 1979•
3) The above referenced inspection revealed that overburden
stockpiles AX and BDX extend onto undisturbed vegetation along portions
of these borders. Because of such practice topsoil was not salvaged
but was lost. This is demonstrated in slides, numbered 12,13,13 of
date April 17, 1979. This indicates topsoil was no[ adequately stripped
prior [o deposition of over burden ma [erial.
4) The above referenced inspection revealed that some topsoil
has been incorporated into overburden stockpile AX. This has resulted
in the mixing together of topsoil and overburden material. Because of
such practice topsoil was not salvaged but was lost. This is demon-
strated in slides nwnbered 14,15 of date April 17, 1979.
NOTICE OF VIOLATION
You are hereby notified [hat the facts stated above constitute
a violation of Section 116 (L) (g), Article 32, Title 34, C.R.S. 1973
as amended. Also, the following sections of ROCKCASTLE COMPANY Develop-
ment and Extraction Mining Permit has been violated,.
1) Exhibit D of said permit 78-45-Mining Plan addressing
topsoil stripping procedures.
:a
2) Exhibit E of said permit 78-45-Reclamation Plan