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' w III IIIIIIIIIIIII III <br />RECEIVED <br />CONOVE H, MCGLEARN EC HEPPENSTALL <br />PROFE5610 NAL GORPO RATION DEC 31 tyd~ <br />ATTORNEYS AND COUNSELLORS AT LAW <br />SUITE 2600 <br />n)5 SNERMAN STREET MINED U1N0 RECUIMA-ION DIVISION TE~EPNONE p031 03)-9222 <br />DENVER, COLD RADO 80203-4322 `~, Di{1t. at Natural Resources TELECOPIER 13031 BJ)-8915 <br />December 28, 1964 <br />MICHAEL S. MICA RTH~ <br />Ms. Candace M. Thompson <br />Reclamation Specialist <br />Mined Land Reclamation Division <br />423 Centennial Building <br />1313 Sherman Street <br />Denver, Colorado 80203 <br />Re: Kerr Coal Company/Notice of Violation No. C-84-178 <br />Dear Ms. Thompson: <br />On behalf of Kerr Coal Company ("Kerr Coal"), we submit <br />the Following information pursuant to Rule 5.04.3(1) for your <br />consideration with respect to the determination of any pro- <br />posed civil penalty, as well as any further enforcement ac- <br />tion the Division may consider, in connection with NOV No. <br />C-84-178 which was received by Kerr Coal Company on Decem- <br />ber 20, 1984. This NOV was issued to Kerr Coal for failure to <br />install baffles in three sedimentation ponds located in Kerr <br />Coal's permit area, as called for by Kerr Coal's approved mine <br />plan. <br />Any proposed penalty or further action with respect to <br />this NOV must proceed with the understanding that this viola- <br />tion was not detected as a consequence of any observed adverse <br />environmental impacts resulting Erom failure to install these <br />baffles. Rather, the violation was brouyht to the attention <br />of the Division as a result of a review of Kerr Coal's permit <br />documents at the mine site by an OSM inspector. There has <br />been no demonstration that the sedimentation ponds were not <br />functioning to achieve the necessary performance standards <br />simply by failure to construct these baffles. In fact, the <br />sedimentation ponds in question have been functioning most <br />effectively. <br />A further significant factor that the Division must take <br />into consideration is that Kerr Coal commenced abatement mea- <br />sures as required by the NOV immediately. Specifically, on <br />December 21, 1984, one day after receipt of the rdOV, Kerr Coal <br />submitted to the Division and obtained approval Eor a slightly <br />