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ENFORCE26292
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ENFORCE26292
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Entry Properties
Last modified
8/24/2016 7:34:17 PM
Creation date
11/21/2007 11:16:01 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981008
IBM Index Class Name
Enforcement
Doc Date
10/13/1992
Doc Name
NOV 92-024 NEW HORIZON MINE C-81-008
From
WESTERN FUELS ASSOCIATION INC
To
DMG
Violation No.
CV1992024
Media Type
D
Archive
No
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PAGE 2 <br />October 6, 1992 <br />being processed. Mr. Harry Ranney mailed to me a June 30, 1992 Adequacy Review <br />letter since WF-C was the legal permittee at this time. The letter was received on July <br />6, 1992. Nine issues were raised in this letter. The letter had no deadline for <br />submitting response. A copy of the letter was also mailed to Peabody. Personnel <br />from Peabody were contacted at various times with requests to respond to the <br />adequacy letter, (verbal communication with Gary Wendt on July 7 and with Ron <br />Gehrke on July 8). A formal letter requesting this information was mailed to Frank <br />Famsworth, Director of Engineering, on July 24. I also called Mr. Farnsworth on July <br />27 regarding my letter, He said they were working on the response. <br />• On August 6, 1992, Mr. Harry Ranney informed me that the OSM might make an <br />oversight visit the following week and that he might have to issue a citation for not <br />having the dual spillways in the ponds if a response to his adequacy letter was not <br />received by that time. I called Mr. Farnsworth of Peabody immediately and informed <br />him of this conversation. I also wrote to him in this regard on the following day, <br />August 7. <br />• I received Peabody's response on August 13, 1992. I immediately drafted our <br />response to Mr. Ranneys letter based upon the information provided by Peabody and <br />sent it to OMLR through a courier. OMLR received this response on the same day. <br />This was the same day that Mr. Harry Ranney of OMLR and Mr. Gary Fritz of OSM <br />inspected the mine site, and Mr. Ranney issued the NOV. <br />• We believe that we have diligently pursued to resolve the spillway issue. In fact, at <br />one time, I even asked Mr. Ranney if it was alright to go ahead and start constructing <br />the pond 6 spillway. I was told to wait since the design was not approved. <br />Furthermore, a separate approval for Pond 6 could not be given since the application <br />also included ponds 2, 4 and 5. <br />• We believe that WF-C should have been given additional time to resolve the issues <br />before a Notice of Violation was issued. On several occasions in the past I have <br />indicated to Mr. Ranney our willingness to construct the dual spillways if that is what <br />OMLR finally decided to do. No work was done since WF-C had no permit to perform <br />this work and a dialogue was in progress with OMLR regarding the subject matter. <br />• WF-C is anxiously waiting to hear OMLR's decision regarding our August 13, 1992 <br />response. We are ready to proceed to execute whatever OMLR's decision may be. <br />
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