ENFORCE35293

• Permit No: C1992080
• IBM Index Class Name: Enforcement
• Doc Date: 8/22/1994
• Doc Name: VACATION OF NOTICE OF CIOLATION OR CESSATION ORDER
• Violation No.: CV1994021
• Media Type: D
• Archive: No

,.
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman SI., Room 21 S ~~i~~
Denver, Colorado 80207 II
Phone: IJOII 866-7567
FAX: [phone]
DEPARTMENT Of
NATURAL
RESOURCE`
DATE: September 30, 1994 ~o'„aer°,~"r`,r
lames 5. L«hhead
TO: Mike Long E.«utise Director
~l-ir"""` """`/ Michael 6. Long
FROM: Susan McCannon Division Du«tor
RE: Recommendation to Vacate NOV C-94-021, Oakridge F~tergy, Inc., The Carbon Junction
Mine, Permit No. C-92-080
On August 17, 1994, the Division conducted a partial inspection of the Carbon Junction Mine near Durango,
Colorado. The site is currently in temporary cessation.
During Ute inspection, Division persomel determined that three culverts appeared to be out of compliance with
[heir design criteria. 1\vo of these culverts were in a set of three 24-inch culverts underlying a haul road to a
portion of the coal mine permit area within which a gravel mining operation is occurring. The thud culvert was
one of a second set of three 24-inch culverts underlying a haul road to an equipment storage area.
With regard to the firs[ two culverts, the ou[IU of one was crushed, and the other had sediment and gravel in
the outlet end. With regard to the third culvert, one-third of the in1U was filled with sediment end vegetation.
The Division issued NOV C-92-080 on August 22, 1994 for the permi[[ee's failure [o have maintained these
three culverts. The deadline for abating the NOV was set for September 7, 1994.
The permi[tee received the NOV oo August 25, 1994. Division persomel, following up m issue al soother
mine in the area, conducted m inspxtion of the cited culverts on August 25, 1994 and found We permiltee had
abated the violation. The Division terminated the violation on September 9, 1994.
On September 9, 1994, the Division received a request for vacation of this NOV from the permittee's consulting
hydrologist. In the request, the permi[tce cited that although the culverts were ill-maintained at the time of the
inspection, the design Flow approved in the permit could still pass.
The Division reviewed this initial submittal, and found it to be inadequate to fully determine the permittee's
compliance at the time of the inspection. The Divisiou requested certain additional information, and on
September 22, 1994, the permittee submitted these materials.
The Divisiou completed its review oo September 29, 1994. We have determined that both sets of culverts aze
required by the permit to pass a 10-year, 24-hour Flow of 39.75 cfs. The Division determined that the upper
set of culverts could have passed 39.91 cfs before being repaired, and the lower set of culverts could have
passed 89.00 cfs. It is thus apparent that although the two sets of culverts needed repair and cleaning, they both
would have passed We approved 10-year, 24-hour Flow at [Ite time of the inspection.
The Coal Staff recommends NOV C-94-021 be vacated.
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