ENFORCE27652

• Permit No: C1981019
• IBM Index Class Name: Enforcement
• Doc Date: 8/8/1994
• Doc Name: COLOWYOS REQUEST FOR VACATION OF NOV C-94-015 C-81-019
• From: DMG
• To: LARRY ROUTTEN
• Violation No.: CV1994015
• Media Type: D
• Archive: No

.~
~II ~I~~I~~II~I~~~~~
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Dep. rlmenl of Nalu ral Resources
1313 Sherman 51., Room ? 15
Denver, Colorado 80203
Phone: [phone]
FTX: (303) 832-ft 106
DATE: August 8, 1994
TO: Michael B. Long
FROM: Larry Routten
~~
~~~~~
DEPARTMENT OF
NATURAL
RESOURCES
Roc Rumer
Guvernor
Ken Salazar
Exec wive Dvec mr
RE: Colow o's Re uest for Vacation of NOV C-94-015 ",id,aeis `nn~
y q Diw~ion Dverro~
(C-81-019)
Colowyo has requested that NOV C-94-015 be vacated. I believe the
NOV is warranted and recommend that you deny their request for
vacation. Below is a brief outline of my reasoning. Please refer
to the attached memo from Susan Burgmaier and Colowyo's August 4,
1994 letter, or ask me for more details.
This NOV was issued for failure to design and construct adequate
sediment control facilities in the recently developed West Pit
area. The problem was noted from materials submitted by Colowyo
and during a July 12, 1994 inspection. The size of the disturbed
area was measured on July 14, and the NOV subsequently issued on
July 15.
1. The mine plan for the West Pit was approved as part of a
permit revision in 1992. During the review of that revision, DMG
and Colowyo spent several months debating and reviewing the designs
for the sediment control systems prior to and after approval of the
revision. The potential need for a second sediment control
structure was discussed at this time.
2. As a result of the revision, the Colowyo permit indicates that
no more than 124 acres of topsoil will be salvaged "if the West Pit
pond is the sole containment structure for water runoff and
sediment containment". At the time the NOV was issued, the West
Pit sediment pond was the sole containment structure designed by
Colowyo and approved by DMG.
3. Most of Colowyo's request for vacation is based on a
discussion of "in pit" impoundments which supplement the storage
capacity of the sediment pond. In recent discussions with Colowyo,
I have agreed with their assertion that DMG does not regulate in
pit activities, as they relate to surface water control. However,
I do not believe the structures referred to as "in pit" fit that
category or meet the regulatory requirements for sediment control
because,