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ENFORCE32377
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Entry Properties
Last modified
8/24/2016 7:43:25 PM
Creation date
11/21/2007 1:20:32 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1984063
IBM Index Class Name
Enforcement
Doc Date
12/9/1993
Doc Name
PN C-84-063 EASTSIDE MINE
From
OSM
To
DMG
Violation No.
CV1993149
Media Type
D
Archive
No
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<br />We concluded our records review be reviewing the permittee's liability insurance, <br />which is current through 9/1/94; and review of the haulroad certification dated 8/84. <br />We walked all the disturbed areas of the mine. All active disturbed areas now drain <br />to one sediment pond. The undisturbed area diversion was walked and appeared <br />in good repair. The permittee has done a good job of reestablishing vegetation on <br />the areas disturbed by the diversion construction, including the diversion itself. The <br />sediment pond held frozen water during the inspection. Harvey Gap Reservoir was <br />discharging during the inspection. Stream buffer zone markers were in place where <br />required. Appropriate mine identification sign and perimeter markers were also in <br />place. We walked the haulroad and cross culverts appeared to be functioning well. <br />This concluded the field inspection. <br />We held a close out meeting with the inspection participants. Mr. Routen and <br />myself discussed the Public Notice requirements found at Colorado Rule 4.20.2 (1) <br />through (3). This Public Notification requirement invloves providing notice of the <br />approved mining schedule to "...all owners of property and residents within the <br />area above the underground workings and adjacent areas." The notification is to <br />take place at least six months prior to mining beneath his or her property or <br />residence. Mr. Self appeared not to be aware of this Public Notification procedure. <br />Therefore, Mr. Routen issued Notice of Violation (NOV) C-93-149 which requires <br />compliance with the Rule cited above. The abatement deadline for the NOV is <br />12115/93. The surface and mineral estate have not been seperated throughout the <br />approved permit area and is held privately. Mr. Self did not anticipate any problems <br />providing Public Notice to the surface landowners as required in the NOV. The <br />permittee is hereby reminded, as quoted above, Colorado Rule 4.20.2 requires <br />notification to surface property owners and residents above the underground <br />workings and "...adjacent areas." (emphasis added). <br />In concluding our close out meeting, I discussed and had questions about the <br />3/1/93 approval of Minor Revision No. 11. This revision is titled "Eliminate Transfer <br />of Soil Material from Waste Disposal Area to Surface Facilities Area during <br />Reclamation, Revision of Reclamation Plan Text, and Recalculation of Reclamation <br />Costs." It appears the currently approved Colorado Program, at Rule 4.06 Topsoil, <br />does not require a minimum of six inches of topsoil, or an approved substitute <br />material, to be segregated and replaced on all affected areas which require topsoil <br />replacement. The text of the reclamation plan at pages 107 through 114a, which <br />were the pages affected by the approval of MR No. 11, will have to be changed to <br />again require (the original approved Reclamation Plan did include the six inch <br />minimum requirement for topsoil replacement) the minimum of six inch approved <br />topsoil replacement, when the approved Colorado Program is amended to <br />incorporate this minimum requirement to be at least as effective as the Federal <br />Regulations at 30 CFR, Sec. 817.22. This concluded the inspection. <br />
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