ENFORCE33916

• Permit No: C1981022
• IBM Index Class Name: Enforcement
• Doc Date: 2/21/2006
• Doc Name: Request for Penalty Assessment
• From: JRS
• To: DIH
• Violation No.: CV2006001
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Coloado 80203
Phone: [phone]
FAX: [phone]
INTEROFFICE
MEMORANDUM
TO: Dan Hernandez
FROM: Jim Stark
SUBJECT: Penalty Assessment for Oxbow NOV CV-2006-001
DATE: 21 February 2006
OLORADO
I V I S I O N O F
INIiRALS
EOLOGY
:LANATION•NINING
EAFETY•ECIENCE
Bill Owens
Govemw
Russell George
Executive Director
Ronald W. Cattany
Division Director
Naturzl Resource Trustee
I am requesting your assistance in assessing a penalty for Notice of Violation CV-2006-
001, issued to Oxbow Mining, LLC's Elk Creek Mine on 23 January 2006 for drilling a
gob vent borehole without first obtaining the Division's approval. Oxbow received the
violation on 27 January 2006.
The violation was written based on the Division's 18 January 2006 inspection of the Elk
Creek and Sanborn Creek Mines. Oxbow had previously received approval for Technical
Revision 51, which allowed for the drilling of two boreholes at the Hubbard Creek Fan
site. One hole was to pump water from the active D-Seam workings in the Elk Creek
Mine and the other was to inject this water into the B-Seam workings of the abandoned
Somerset Mine. With the submittal of this revision, Oxbow stated that they might need
to drill an additional hole into the B-Seam in the event that they hit a rib (or pillar, as was
the case). In fact, Oxbow hit pillars in the B-Seam on their first two attempts. One of
these holes has been sealed and the other needs to be sealed (as of the Division's 18
January 2006 inspection). The Division noted this in its inspection reports during the
drilling process but took no additional action.
On the 18 January inspection, I asked Jim Kiger about the third hole on the site. He
responded that it was a gob vent borehole. Oxbow had permitted the drilling of 15
GVB's with Technical Revision 53, but this GVB was not part of that submittal.
Consequently, the Division issued NOV CV-2006-001 for not properly permitting the
borehole prior to performing the work.
The GVB was drilled on a pad in an area that is approved for distwbance and is currently
disturbed. The disturbance boundary is noted on the appropriate maps. The Hubbard
Creek Fan pad reports to a sediment pond (sediment pond F) via a series of designed
ditches and has an upland diversion ditch which routes fresh water away from the pad.
Office of Office of Colorado
Mined Land Reclamation Active and Inattive Mines Geological Survey