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.t <br />iii iiiiiiiii~i~ iii <br />999 <br />The Pittsburg 6c Midway Coal Mining Co. <br />A Chevron Company <br />Edna Mine <br />P.O. Box 176, Oak Creek, CO 80467 <br />(970)736-8111 <br />Diwsic. _• .. orals & Geology <br />Mr. Kent Gorham <br />CDMG <br />1313 Sherman St. <br />Room 215 <br />Denver, CO 80203-2273 <br />Mr. Gorham: <br />D~fi~a~tn- ~r7 <br />5u//~h, i~' i~,. <br />e~ ~ ND~Cs~~~-, <br />RFCEIVEf? <br />MAY 2 3 1995 <br />May 22, 1995 <br />On May 12, 1995 you issued N.O.V. C-95-013 during a partial <br />inspection of the Edna Mine. This correspondence will .serve to <br />convey information to the Division that P&M wishes to have <br />considered during the consideration of civil penalty for this <br />violation. <br />The Moffat Pond has two designed inflow ditches, one from the north <br />end of the pond and one from the south end. The south end inlet <br />was constructed prior to mining disturbance in the area in order to <br />capture disturbed area run off during the first phases of the <br />Moffat mine plan. Topsoil stripping had advanced far enough by the <br />fall season of 1994 to warrant the start of construction on the <br />northern section of the inflow ditch. Approximately 500' of this <br />ditch was roughed in prior to snow falls ending construction <br />activities for the winter. This unfinished inflow ditch was the <br />site of the "short circuit" in the pond discharge referenced in the <br />N.O.V,. <br />During the spring of this year ground conditions have been such <br />that we have not been able to access this area with heavy equipment <br />to finish the inflow structure area. The unfinished inflow <br />structure not being to design grade coupled with some very wet <br />weather conditions and a partially plugged primary discharge tube <br />from the pond led to the "short circuit" referred to earlier. <br />The plugged discharge tube and water discharging over the water <br />withdrawal pad was first noticed on the afternoon of 5/11/95 during <br />some routine field work. The discharge tube was immediately <br />cleared. Sy the time I had left the pond that afternoon the water <br />had quit running over the road at the site of the unfinished <br />northern inflow. By this time our limited hourly workforce had <br />finished for the day and gone home. I scheduled some equipment to <br />be available at the site in the morning of the 12th to build the <br />grade up on the downhill side of the inflow ditch in order to <br />prevent discharge from escaping at that location in the future. At <br />about 6:00 P.M. on the evening of the 11th it began raining fairly <br />heavily and rained all evening and into the next morning. It was <br />