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o ~~ ~-A- <br />BLUE August 20, 1998 <br />MOUNTAIN <br />ENERGY, INC. <br />ABubeldleryel Mr. Michael B. Long, Director <br />Oseerst0snsn0on 8 Division of Minerals and Geology <br />rnn:mlalon Department of Natural Resources <br />Coooerethe 1313 Sherman Street, Room 215 <br />3607 County Ad. 66 Denver, Colorado 80203 <br />RenBery, C0 B1618 <br />R ~C ~c~(i~ie~lail #Z <br />AUG 2 4 1998 <br />DIV. OF MINERALS <br />& GEOLOGY <br />III IIIIIIIIIIIII III <br />107 856 <br />976.675.8131 RE: Information relevant to NOV No. CV-98-007 submitted per Section 5.04.3(1). <br />Fe=970-676.6229 Deserado Mine. <br />Permit No. C-81-018. <br />Dear Mike: <br />On August 6, 1998 Mr. Dan Mathews of the Division of Minerals and Geology issued the above <br />referenced Notice of Violation (NOV) to the Deserado Mine. The violation cites failure to <br />maintain two of the culverts at the East Portal Area and associated access road to safely pass the <br />peak runoff from a ] 0-year, 24-hour storm event. This letter provides information pertinent to <br />the NOV in accordance with Section 5.04.3(1) of the Rules and Regulations of the Colorado <br />Mined Land Reclamation Board for Coal Mining. <br />Blue Mountain Energy, Inc. (BME) is of the position that issuance of this NOV was unwarranted <br />and it should be vacated. Mr. Mathews failed to adequately consider the fact that the culverts <br />plugged due to a storm event which generated peak runoff exceeding the design criteria and <br />would not allow a practicable time to complete these repairs as provided under Section <br />4.03.2(6)(c). Prior to the issuance of the NOV only ten (10) days had transpired since the storm <br />event, two and one half of these days were spent attempting to clear the blockage. Mr. Mathews <br />inadvertently acknowledged that a reasonable period of time was need to abate the situation <br />leading to the NOV by issuing a 'time for abatement' of eleven (11) additional days from the <br />date of issuance to finish the project. BME fully abated the situation only two days into the <br />abatement period. <br />Backeround: <br />The East Portal Area (a.k.a. Ventilation Entry Area) is located 1.5 miles southeast of the main <br />coal handling facilities and mine offices at the D Portal Area. Access to the East Portal Area <br />from the D Portal Area is via underground workings or County Road 65, a road distance of 4.25 <br />miles. Besides passive ventilation for the D Seam the East Portal Area is currently used to store <br />materials used underground such as cribbing, wire mesh, and some fuel and emulsion oils. <br />Activities at the East Portal Area aze currently being phased out as mining nears completion for <br />the D Seam. <br />Stormwater runoff from the East Portal Area is controlled by a series of settling basins. <br />Overland flow from roads and the undisturbed areas above the East Portal Area are controlled by <br />a series of ditches, culverts and a riprapped ditch outlet. Two of the culverts, which normally <br />