ENFORCE36221

• Permit No: C1981012
• IBM Index Class Name: Enforcement
• Doc Date: 8/12/1994
• Doc Name: VACATION OF NOTICE OF VIOLATION OR CESSATION ORDER
• Violation No.: CV1994019
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1717 Sherman $t., Room 7I5
Denver, Colorado 8070)
Phone: [phone]
FAX: [phone]
DATE: September 26, 1994
TO: Michael B. Long, Divisioo Director
'-~`l , /
FROM: Susan J. McCannon, Coal Program Supervisor ~(~'~
RE: Rocommendatioo to Vacate NOV C-94-019
I~~~~
DEPARTMEN'T' C
NATURA;
RESOURCE
Roy Romer
Goverror
lames S. lochhead
E.ecuti.e Dnecra
Michael B. Long
Division Director
On August l2 1994, the Divisioo issued NOV C-94-0I9 to Basin Resources, Inc. (or the permiltee's failure to
have maintained three sediment control ditches end four culverts at their New Elk Mine. This NOV was written
during m OSM oversight inspection.
This NOV was written at 4:30p.m. on Friday the 12th. The Division inspectors wrote the NOV at that time, as
the OSM inspector indicated Iha[ he had [o leave by That lime, and that if the NOV had not been written prior to
his departure, OSM would have to issue area-Day Notice.
After the OSM inspoctor lek, the Divisioo inspecbrs remained at the site until 5:30p.m., to provide the
operator Ute tallest amount of time possible to correct its NOV situations. By 5:30p.m., the operator had
reestablished the design spocifications for all of the cited ditches and for three of the Cour cited culverts. The
remaining culvert required m additioml 1/6 of its capacity of sediment to be removed; although this material
was not removed by 5:30p.m., the Division subsequently determined that had a precipitation event occurred the
next day with a rainfall volume large enough to overtop the culvert inlu, this overflow would have proceeded
on to a sediment pond that mU all approved design criteria at the time of the inspection. As such, no water
from disturbed areas would have left the permit area.
As an additional considerslion, a rainfall event surpassing the design criteria (or all the cited ditches and
culverLS occuaed siX work days prior to the begiming of their oversight inspection. During that siX~ay period
prior to the inspection, the operator was subjected to a two-0sy labor strike. As the rainfall event occurred on
A'ednesday, and the strike occurred on the Friday and Saturday oC the same week, and as Suoday was not a
workday, the operator had in actuality only the Thursday immediately after the event, and We Monday and
Tuesday of the nett week to inspect and reestablish all of its eightyodd culverts and ditches before the oversight
inspection began Thal Wednesday. The fact that the operator was able to do so in such a short amount of time
demonstrates the increased level of diligence and responsibility that Basin has committed itself to within the last
year with regard to environmental compliance.
The Coal Staff recommends NOV C-94-019 be vacated.
M:W.4~.®~mbl®ed3