ENFORCE34568

• Permit No: C1980007
• IBM Index Class Name: Enforcement
• Doc Date: 10/4/1996
• Doc Name: WEST ELK MINE C-80-007 NOV C-96-013
• From: DMG
• To: MOUNTAIN COAL CO
• Violation No.: CV1996013
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1117 Sherman $L, Ruom 215
Denver, Colorado AO?I Lt
Phone (30.71 H66-3567
FAX [phone]?8106
SETTLEMENT AGREEMENT JUSTIFICATION
NOV C-96-013
II~~~
DEPARTMENT OF
NATURAL
RESOURCES
Roy Romer
Governor
lames 5. Lochhead
E[PNlive Director
Michael 8. Long
Division Director
Notice of Violation (NOV) C-96-013 was issued for failure to
separately remove and segregate subsoil material; failure to remove
subsoil so as to protect the physical and chemical properties of
the soil; failure to obtain approval prior to implementing a sub-
soil storage pile.
Mr. David Berry issued the NOV to Mountain Coal Company (MCC) on
June 18, 1996. During a June 12th, 1996 inspection of the West Elk
Mine Site, Mr. Berry observed that a dozer had mixed and rutted
subsoil and refuse material on the lower refuse pile north and east
bench. Ms. Christine Johnston stated that the dozer had been stuck
due to wet conditions.
On a June 13, 1996 inspection, Mr. Berry observed that subsoil was
actively being placed in an unpermitted area on top of the active
lower refuse pile. Also, a dozer was pushing refuse material
downward to ramp onto the bench area where soil salvage operations
were occurring. The ramping activity caused refuse material to be
spread over an area of approximately 27'x30'x18" burying subsoil
which was required to be salvaged.
David Berry presented written, oral and photographic evidence
supporting the Notice of Violation. Mr. Mueller, Mr. Every and Ms.
Johnston (all with MCC) provided the following written information;
*Investigation of Refuse and Suitable Construction Materials
at the Lower Refuse Pile.......
*Approximate Topsoil Stockpile Volumes......
*Precipitation Data
*Pages 2.05-54 and 2.05-55 of the Permit, Volume 1
In part, the company does not feel that a violation exists because
of the following reasons;
*Mixing coal refuse from the Lower Refuse Pile and suitable
construction material at the West Elk Mine did not
detrimentally affect the chemical and physical nature of the
mixture for use as a plant growth medium.
*Requirements that topsoil only be moved when dry pertained to
climatic events, not surface moisture factors.