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

~ DEP~MENT OF NATURAL RESOURCES :-
FILE COPY
TRANSMITTAL I.O.C.
Hif1ED LAND RECLAMATION BOARD
DEPF.RTMENT OF NATURAL RESOURCES
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IN THE HATTER OF ) NOTICE OF VIOLATION
CEASE AND DESIST ORDER
THE ROCKCASTLE COMPANY) CIVIL PENALTY
T0: ROCKCASTLE COMPANY and all persons presently owning or
' acquiring now or In the future an~j~terest !n the Grassy;
Creek Coal Company Mine No. 1.
FINDINGS OF FACT
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1. Tha ROCKCASTLE COMPANY Is operating a surface atrtp coal
mine known as the Grassy Creek Coal Company Mine No. 1, pursuant to
Ferrii t ilwnber 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. Vegotatlon and
topsoil material ware mixed with overburden material resulting In
the loss of the topsoil. This demonstrated In slides number 6-9,
11,20 of data April 17, 1979.
b) Vegetation Is visible on the edge of the highwall of
pits A-1 and B-1, becaase of such practice topso(I was not salvaged
but lost. This is demonstrated in slides number 3,5.15 of date
April 17, T979•
c) A road cut had been made between pits B-1 and B-2. The
topsoil had been pushed down into the B-1 pit area resulttn9 in the
mixing of this material with overburden material. This is demonstrated
in slides numbered 5,7 of dace April 19, 1979. j
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3) Tha above referenced Inspection revealed that overburden
stockpiles AX and BDX extend onto undisturbed vegetntlon along portions
of these borders. Beeaese of such paactleestopsoil was not salaaged
but was lost. This Is demonstrated In slides, numbered 12,13,13 of
date April 17, 1979• Thls Indicates topsoil was not adequately st'Ipped
prior Lo deposition of over burden material. IIII
4) The above referenced inspection revealed that same topsoil
has been incorporated into overburden stockpile AX. This has resuilted
In tho mixing together of topsoil and overburden materiel. Because of
such practice topsoil was not salvaged but was lost. This Is demon-
strated In slides numbered 14,15 of data April 17, 1979.
NOTICE OF VIOLATION ~
You are hereby notified that 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 ROLI<CASTLE COMPANY Develop-
. ment and Extraction Mining Permit has been violated. ~
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1) Exhibit D of said permit 78-45-Mining Plan eddressing~
topsoil stripping procedures. j
T.~} ca4ci3dC ~ of saw aata6G Ti'a~aae~uc >~ ~
Prepared by:
Date:
Executive Director's Action:
Approved by:
Dale:
Signed:
Ret'd Unsigned:

Legal Concurrence:
Date; ~
Date Mailed• i
Date: ~