ENFORCE35583

• Permit No: C1980007
• IBM Index Class Name: Enforcement
• Doc Date: 7/26/1996
• Doc Name: INVESTIGATION OF REFUSE AND SUITABLE CONSTRUCTION MATERIALS AT THE LOWER REFUSE PILE WEST ELK MINE
• Violation No.: CV1996013
• Media Type: D
• Archive: No

Introduction
On May 26, 1996 the Colorado Division of Minerals and Geology (CDMG) issued
notice of violation C-96-013 to the West Elk Mine. Within the citation, CDMG
alleged that the West Elk Mine, "[failed] to separately remove and segregate subsoil;
failure to remove subsoil so as to protect the physical and chemical properties of the
soil." The area where the alleged violation occurred was the Lower Refuse Pile east of
the mine facilities azea. Based on subsequent discussions with the operator, the
Division's concern centers on the allegation that mine refuse was spread on material
that CDMG descibed as subsoil, and Exhibit 51 of the West Elk Mine permit describes
as suitable construction material (SCM), at the Lower Refuse Pile. The covering of the
material occurred during the construction of a ramp to salvage the SCM, and that the
mixing of the SCM and refuse materials degraded the SCM physically and chemically.
This degradation caused the loss (through contact with the refuse) of a small quantity of
SCM (approximately 12 cubic yazds).
The purpose of this investigation was to sample and analyze refuse, a mix of SCM and
refuse, and SCM in the azea of the alleged violation. Through sample analysis,
conclusions can be drawn regarding the assertion that the SCM was degraded physically
and chemically by contact and/or mixing with the refuse.
Methods
On June 27, 1996, Michael Savage of Savage and Savage, Inc. and Mr. Norm Every of
Mountain Coal Company conducted an on-site investigation of the area cited in notice
of violation C-96-013 at the Lower Refuse Pile. Mr. Every, who was present during
the CDMG inspection identified the specific areas where the alleged contamination
occurred. Mr. Every and Mr. Savage took samples of refuse from the ramp
constructed to access the SCM stockpile, SCM refuse mix from the area where the
Dozer mixed the SCM and refuse with tracks, and SCM from the former stockpile
location adjacent to the bench. Samples were taken from the areas cited in the notice
of violation. Photographs of the sample location were also taken.
Samples were individually collected using a clean sharpshooter shovel and sealed in
clean plastic bags. Each sample was given a unique sample number and stored. A data
sheet was prepazed for each sample taken (Appendix 1). Samples were locked in a
vehicle and transported to Colorado Analytical Laboratory in Brighton, Colorado for
analysis.
Analysis of each sample was undertaken for the following physical or chemical
parameters; pH, electrical conductivity (EC), sodium, magnesium, calcium, SAR,
selenium, boron, molybdenum, and texture. These parameters were selected as the
parameters judged as important in assessing suitability of material for plant growth
medium. The only significant impact from a mixing of the SCM and refuse would be
through the degradation of a parameter important to reclamation or revegetation. The
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