ENFORCE34776

• Permit No: C1981013
• IBM Index Class Name: Enforcement
• Doc Date: 4/25/1996
• Doc Name: GOLDEN EAGLE MINE C-81-013 CITIZEN COMPLAINT MR DONALD CHAVEZ & MR JACK CHAVEZ
• From: DMG
• To: KENT GORHAM
• Violation No.: CV1994008
• Media Type: D
• Archive: No

III IIIIIIIIIIIIIIII
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Depanmenl of Natural Resources
1313 Sherman 51., Room 21 5
Denrer, Colorado 802113
Phone: 1303) efi6-356:
fnx: oA3piiI ~'~,61996
To:
From:
Re:
Kent Gorham
Janet Binns
Golden Eagle
Jack Chavez.
I~~
DEPARTMENT OF
NATURAL
RESOURCES
Roy Romer
eoaernor
lames 5 Lochhead
E~eculiee Dueaor
C-81-013, Citizen Complaint-Mr. Donald Chavez awe~hliv6m~< [I~r
On April 15, 1996, 1:30 pm, representatives of the Division of Minerals and Geology (DMG;
Kent Gorham, Dan Hernandez, and Janet Binns) met with Mr. Donald Chavez, Mr. Jack
Chavez, complainants, Mr. Marquez (Water Commissioner), and Mr. Bob Montgomery of
Entech representing Basin Resources. The Chavezes are local landowners whose property
is adjacent to the Golden Eagle Mine. The Chavezes complaint stems from events which
occurred in March and April 1994.
Between March 29-March 31, 1994 Basin Resources discharged surface facility area water
into the Chavez's irrigation ditch due to a breech in the ditch D-13. On March 31, 1994
Basin Resources redirected the facilities area water into Pond 003. The Division issued
NOV-C-94-008 on April 14, 1994 for failure to maintain collection ditch D-13. Abatement
steps required were to repair ditch D-13 and clean it to design capacity by April 15, 1994,
and clean up coal fines by May 5, 1994. Basin Resources was denied access to the Chavez
property until April 19, 1994. Basin Resources complied with the terms for abating the
violation. The violation was terminated on May 10, 1994.
Damage attributable to the mine occurred from the point where Culvert C-14 crosses the
Chavez's irrigation ditch to approximately 1000 ft. east, and 650 ft. of a N-S irrigation ditch
east of C-14. No damage to the irrigation ditch West of C-14 can be attributed to this
event. In the settlement agreement, dated 6/16/94, it was noted that approximately 1 cubic
yard of coal fines were dispersed over a 30 ft. x 50 ft. area of the field adjacent to the
breech, and a 30 ft. x 30 ft. portion of field along the East-West ditch. (2400 sq.ft. = 0.05
of an acre)
The inspection initiated at the Chavez's headgate on the South side of the Purgatoire River
West of the Golden Eagle Mine entrance. The headgate is in poor repair. The inlet to the
headgate pipe is approximately 2/3 covered with sediment, the headgate had a rusted metal
plate which was raised and lowered by hand. No measuring device or gauge was noted at
the headgate. One-quarter to one-half inch diameter particles of coal were observed in the
river sediment upstream of the headgate. The inspection continued easterly along the length
of the irrigation ditch.