ENFORCE32596 - Laserfiche WebLink

Home Browse Search

z SETTLEMENT AGREEMENT JUSTIFICATION NOV C-94-015 Notice of Violation C-94-015 was issued for "Failure to conduct operations as specified in the permit as necessary to prevent significant environmental harm. Failure to plan and conduct mining activities to minimize disturbance to the prevailing hydrologic balance in both the mine plan and adjacent areas. Failure to design sediment sedimentation ponds to provide adequate capacity. to contain or treat runoff resulting from a 10- year, 24-hour precipitation event." Susan Burgmaier sent the NOV by certified mail, on July 18, 1994 to Colowyo Coal Company, L.P.. Colowyo received the certified copy on July 22, 1994. The NOV was based on an inspection conducted July 14, 1994. During her July 14, 1994 Ms. Burgmaier surveyed the disturbed area in the "West Pit", an area Colowyo has recently started developing. She found that topsoil had been removed from. 195 acres. Three sump, embankment structures that appeared to be ponds were observed, however they had not been discussed in the permit. The West Pit Pond had been constructed as designed. Preparatory mining activities were underway for the initial box cut and the excess spoil fill area. In the permit, topsoil stripping was limited to 124 acres in order to contain the runoff in the approved West Pit Pond. The relevant part of the permit (TR-25) states that: The 124 acres of stripped area represents the maximum area that Colowyo will be allowed to have completely stripped of topsoil at any one time during this period of initial topsoil stripping, if the West Pit Pond is the sole structure for water runoff and sediment containment. Representatives of Colowyo Coal Company were Jim Kiger, Steve Hinkemeyer, Rich Atkinson and Peter O•COnnor. They contested the violation as stated in their August 4, 1994 letter. First, their estimation of disturbance was 186 acres. More importantly, they were contending that the embankments, referred to as structures q2 and ~3, were in-pit containment structures as allowed by Rule 4.05.6(3)(a). As such these structures were controlling the runoff from the excess acres. They presented a chart showing the ^In-Place West Pit Hydrologic Control as of July 14, 1994^. They felt they had adequate storage with these structures in place. Colowyo has historically used the pits to intercept runoff and they provide an integral part of their sediment control system. Colowyo maintained that the Division ignored the role of these in-pit structures for sediment control. Colowyo stated that approximately 300 acres were needed for initial development in the West Pit. All along they had intended to use their "in-pit" structures to contain runoff from the areas in excess of 124 acres.