ENFORCE28090 - Laserfiche WebLink

Home Browse Search

~~ Justification of Settlement Agreement for NOV No. C-91-010 First National Bank of Florence La Plata Mine An assessment conference was convened to consider NOV No. C-91-010 on Tuesday, November 26, 1991 at 2:OOPM in the office of the Mined Land Reclamation Division, Denver, Colorado. In attendance at this conference were; Mr. Jim Hanson and Hr. Drew Lamoreux of the First National Bank of Florence, Mr. Dave Berry and Mr. Harry Ranney of the Mined Land Reclamation Division, and Mr. James B. McArdle of the Mined Land Reclamation Division and Presiding Assessment Conference Officer. NOV No. C-91-010 was written by Mr. Harry Ranney during a July 12, 1991 inspection. Repreaentativee of the First National Bank of Florence were not present during this inspection. This NOV was written for failure to design, construct and maintain sediment control structures as necessary to provide protection for topsoil, vegetation and the hydrologic balance and for failure to contain sediment. A series of severe rainstorms eroded the site, clogged culverts and plugged approximately 100 feet of an irrigation ditch located on the south side of County Road 120. The remedial action included the following items: 1. install and maintain sediment control and drainage control measures in accordance with the approved plan. 2. Clean out sediment from the irrigation ditch. 3. Repair down-cutting on the main drainage channel. Mr. Harry Ranney provided a discussion of the history of the Hanks involvement with the La Plata Mine and actions that were taken by the company to comply with the law. Then, Mr. Lamoreux and Mr. Hanson provided a discussion of their attempts to comply with the law and complete reclamation of the coal mine. Issues which impacted the Bank's ability to control erosion and complete reclamation included: 1. The difficulty of working around the conveyor system which is currently under litigation and is located in the center of the drainage. 2. An individual who is currently living in a trailer located on the mine site and having a septic system constructed in the center of the drainage and at a location which could be used as the site of a sediment control pond. 3. Mr. Frank Johnson, Attorney General's Office, informed the Bank, in the summer of 1990, that no reclamation was to proceed until the issue of the conveyor was settled. 4. Attempts to work with the Division on the reclamation of the mine site failed due to a lack of communication, and the ownership questions regarding the conveyor, not a willingness on the part of the bank to do the work. Note-moat of the communication between the State and the Bank seemed to be verbal rather than written.