ENFORCE29908 - Laserfiche WebLink

Home Browse Search

RATIONALE FOR PROPOSED CIVIL PENALTY CESSATION ORDER N0. C-85-032 On April 5, 1985, Mined Land Reclamation Division (MLRD) conducted an inspection of the New Elk Mine. The inspector was Gregg R. Squire. Jack Snow, Chief Engineer at the mine, accompanied the inspector. During the inspection, two problems were noted. Both of those problems were related to a failure to minimize disturbance to the hydrologic balance, therefore, only one Cessation Order was issued. The two issues involved were as follows: 1. While examining the raw coal pile, a discharge was noted coming from a water hose leading out of the sump under the raw coal pile conveyor system. The discharge water was being pumped from the sump up onto the raw coal pile pad. From there it was flawing across the pad in a southerly direction to the upper end of a culvert which had been installed for a crossing over the Purgatoire River diversion. At that point, the discharge from the sump was entering the diverted Purgatoire River flow. In summary, water from a disturbed area was being discharged into the river without any treatment. 2. The second problem was discovered when inspecting Sediment Pond No. 006. There was evidence that there had been a recent discharge from the pond through the emergency spillway. There was a dark stain of what may have been floc material and/or rock and coal fines about six inches above the level of the bottom of the spillway. The spillway was also damp, and the lower end of the spillway channel, where it intercepted the old Purgatoire River channel, had recently been eroded to a depth of approximately one foot. Any flow leaving the emergency spillway of Pond 006 would go from that point in the old channel, back into the existing river channel near where the diverted channel returned to the original river bed. After observing the evidence of a recent discharge from Pond 006, it was learned from personnel at the mine that during the previous evening a new second shift had begun working at the cleaning plant. Apparently, a valve had inadvertently been left open allowing plant make-up water to flow into the thickener tank until it overflowed and began to spill into Pond 006. This continued until the pond filled and began to spill over at the emergency spillway. Mr. Snow indicated that he didn't know at what time the pond had filled, but that at about 4:00 a.m. a security guard noticed the flow from the tank and that the valve was then closed. This flow into the river from the cleaning plant was not permitted under the operations NPDES Permit. It also was not permitted under MLRD's permit. Not only were materials from the thickener tank entering the river, but by discharging water from the tank into the pond, the ponds capacity to store storm water runoff had been diminished.