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ENFORCE33006
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Entry Properties
Last modified
8/24/2016 7:43:43 PM
Creation date
11/21/2007 1:35:40 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981019
IBM Index Class Name
Enforcement
Doc Date
8/31/1993
Doc Name
SETTLEMENT AGREEMENT
Violation No.
CV1993077
Media Type
D
Archive
No
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<br /> <br />SETTLEMENT AGREEMENT JUSTIFICATION <br />NOV C-93-077 <br />NOV C-93-077 was issued to Colowyo Coal Company on May 18, 1993. <br />This NOV was modified several times. The NOV as finally modified <br />was issued for "Failure to pass disturbed area runoff through a <br />sediment pond and to minimize off-site impacts using best <br />technology currently available." The rules cited were 4.05.2(1) <br />and 4.05.5(1). An assessment conference was held to discuss the <br />NOV and the proposed civil penalty on August 17, 1993. In <br />attendance at the conference were Jim Kieger and Juan Garcia <br />representing Colowyo and Dave Berry, Larry Routten and Janet <br />Binns representing the Division of Minerals and Geology. <br />Dave Berry said Colowyo had notified the Division on Monday <br />morning May 17 that on Sunday evening, May 16, a localized, <br />extremely severe, intense rain and hail storm occurred. As a <br />result, the south ditch breached in several spots. Large amounts <br />of water, mud and rock were deposited along and beyond State <br />highway 13. The highway was partially blocked in one spot. <br />Two large deltas of debris were deposited on a private hay <br />field below the highway. Discharge from the disturbed area <br />exited the permit area without passing through the sediment <br />control system. Slides were shown. <br />Colowyo had requested that the NOV be vacated in letters dated <br />June 2, and June 15, 1993. These requests were denied by the <br />Division however, the information provided by Colowyo did cause <br />the Division to modify the NOV. Issues deleted from the NOV <br />related to the design considerations, maintenance and the <br />portion of the NOV applying to the excess spoil fill. <br />Correspondence regarding these items is in the NOV file. Colowyo <br />also stressed that damage from the storm occurred wherever the <br />storm hit. Storm damage and erosion were observed in natural <br />drainges. <br />In the assessment conference, there was considerable discussion <br />regarding the design of the south ditch. It has been a topic of <br />discussion for some time. Although the failure to design portion <br />of the NOV was deleted, the Division and Colowyo felt that I <br />should have some history of the permitting process. Mr. Garcia <br />provided me with the chronology of the hydrological modelling <br />beginning in March, 1991 to the present time. During the course <br />of this time, Colowyo has worked with a number of specialists, <br />some with conflicting ideas of what assumptions should be used <br />for modelling the ditch. Final modelling assumptions have not <br />been agreed upon, but a jointly agreed upon design was approved <br />by the Division in May, 1992. Colowyo constructed the ditch in <br />excess of the certified minimum required design and <br />specifications. Colowyo is hopeful that modelling assumptions <br />will be agreed upon soon. Colowyo is also reevaluating the flow <br />patterns of the south ditch. <br />
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