ENFORCE32940

• Permit No: C1981044
• IBM Index Class Name: Enforcement
• Doc Date: 3/31/1994
• Doc Name: NOV C-94-803 EAGLE 5 AND 9 MINES FAILURE TO CONDUCT SUBSIDENCE SURVEY MONITORING QUARTERLY
• From: DMG
• To: NOV ASSESSMENT OFFICER
• Violation No.: CV1994003
• Media Type: D
• Archive: No

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STATE OF C:OLORADU
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman 51., Room 215
Denver, Colorado 80203
Phone: [phone]
FA%: 1303) 832-8106
March 31, 1994
To: NOV Assessment Officer
From: Janet Binns
Re: NOV-C-94- agle No. 5 and 9 Mines
Failure to Conduct Subsidence Survey Monitoring Quarterly
A brief summary of this NOV to assist you in civil penalty assessment follows:
~~~~~~
DEPARTMENT OF
NATURAL
RESOURCES
Rov Rumor
Goremw
Ken Salazar
E~ecuove Di~eau~
hnchaelB Lung
Dnsiun Direaw
Rule 2.05.6(6)(c)(i)(D) and Eagle permit page 2.05.6(6)-16R require the operator, Cyprus
Empire Corp. to conduct subsidence surveys quarterly.
On March 11, 1994 DMG received Cyprus Empire's Semi-Annual Subsidence Report for
July through December 1993. Subsidence monitoring was performed once during this six
month period on September 5, 1993. No monitoring was performed during the 4th quarter
1993. Cyprus Empire did not notify the Division of this fact prior to submittal of the semi-
annual report.
Cyprus empire's report states, "Snow cover and weather precluded monitoring during the 4th
quarter." This inspector conducted an inspection of October 28, 15193. A portion of the
October inspection consisted of locating and walking the subsidence monuments. The permit
area was dry and had not received any snow. On November 9, 1993 the Division collected
aerial photographs of the permit area. These photos confirm that no snow existed on the
site at that date. The Division flew the site on December 15, 1993 and took aerial photos
again. These December photos show a thin snow cover throughout the mine site.
The permit does not relieve them of monitoring when the permit area is snow covered.
This was an administrative violation and had no abatement steps or dates. I terminated this
violation on March 31, 1994 upon return receipt of the certified mail notice. The date the
operator signed the receipt is March 29, 1994 so the operator has until April 13, 1994 to
submit additional information if they so wish.
If you have any questions, please ask.
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