ENFORCE31989

• Permit No: C1981018
• IBM Index Class Name: Enforcement
• Doc Date: 9/30/2002
• Doc Name: Letter & Settlement Agreement
• From: DMG
• To: Blue Mountain Energy Inc
• Violation No.: CV2002016
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
DIVISION OF
MINERALS
GEOLOGY
RECLAMATION
MINING•SAFETY
Bill Oarens
Governor
Greg E. Walther
SETTLEMENT AGREEMENT JUSTIFICATION Executive Director
Blue Mountain Ener , IRC, Ronald W. Cattany
gy Acting Division Director
Deserado Mine-Permit No: C-1891-018
Notice of Violation No: CV-2002-016
James B. McArdle, Conference Officer
The Notice of Violation CV-2002-016 was issued on July 11, 2002 for failure to provide for
proper surface drainage during coal mine waste pile construction in accordance with approved
plan and applicable regulations.
On September 24, 2002, an Assessment Conference was held at 1313 Sherman Street, Room
814, Denver, Colorado. In attendance, in addition to the Conference Officer, was Mr. Dan
Mathews, Mr. Jim Stark and Ms. Sandra Brown representing the Division and Mr. Scott
Wanstedt and Mr. Jeff Dubbert representing Blue Mountain Energy. Dan presented testimony
and evidence in the form of photographs outlining the details of the violation. The refuse
disposal area 5-A refuse fill side slopes are being graded to final configuration at an elevation,
which is lower than the perimeter ditch. Also, the grading process has resulted in a small
depression up to 3 feet deep by approximately 30-50 feet wide and 200 feet in length.
Precipitation on the top of the fill would result in a small area of ponding on the fill and runoff
from the fill outslopes would not be directed to a stabilized 100 year design channel.
Mr. Scott Wanstedt stated that Blue Mountain Energy was actively working on the pile. The
depression is actually on a shallow depth of coal spoil. The depression was for the purpose of
water control. There was no stability issue resulting from the ponding. The company was
employing an in-pit perimeter drain, similar to refuse pits 1,2,3, and 4, in that the upsloping
ground and the pile toe formed the drain. All water was being routed to the sediment pond. A
30 inch cap would bring the toe of the waste pile to the final permanent ditch.
The Proposed Civil Penalty originally determined by the Assessment Officer for NOV CV-2002-
016was:
History $0.00
Seriousness $750.00
Fault $500.00
Number of Days Penalty Assessed 1
Good Faith 0
Total proposed penalty $1250.00