ENFORCE36400

• Permit No: C1983059
• IBM Index Class Name: Enforcement
• From: DMG
• To: TERROR CREEK CO
• Violation No.: delete
• Media Type: D
• Archive: No

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DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Ruom 2I5
Denver, CO 80203
Phone: (707) A66-756?
FAX: [phone]
April 29, 1993
Mr. Kelly Fritzler
Terror Creek Company
1840 Highway 133
Paonia, CO 81428
RE: Issuance of NOV C-93-o71; Terror Creek Loadout;
File No. C-83-059
Dear Mr. Fritzler;
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Roy Romer
Governor
Mi,hael B. Long
Drv~siun Dvec;nr
Enclosed is a Notice of Violation (NOV) for burning non-coal waste.
The NOV is being issued because Tir='s practice of burniny timbers
is in violation of kule 4.i1.4(i) anti (~), which states that non-
coal wastes shall be plare~l and stored in a controlled manner in a
ueniyr,ated portion of tl,e permit uJ:ea. It ai.~o states that the
~riac:ement and storages Si]ail esiJSUre that fires ara prevented. This
applies to final disposal of non-coal wastes as well. The Division
observed TCC burning timbers, on the coal pad adjacent to the
sediment pond clean-out pile, during an inspection on April 22,
1993.
The Division is issuing this ~riolation today, P.pri! 29, 1993.
^nrenant to Rule 5.^4.3, TCC has the opportunity to submi± written
information about the violation to the Division, within i5 days of
service of the violation. On the 15th uay, i:he Division will begin
the process of assessi^g a civil penalty for the violation. Upon
receipt of the proposed civil penalty, TCC has the opportunity to
request an assessment conference, during which time the facts of
the violation and penalty will be discussed with a third party
(representative of the Division). For more specific information
please see Rule 5.04.3.
Please call if you have any questions regarding the violation or
the abatement steps.
Sir~cprely,
Christine E. ~JO;hnston
Reclamation SAdcialist
STATE OF COLORADO
Enclosures