ENFORCE36777

• Permit No: C1981025
• IBM Index Class Name: Enforcement
• Doc Date: 10/1/1986
• Doc Name: SNOWMASS COAL CO NORTH THOMPSON CREEK MINE MLRD NOV 06-17-1986 WQCD NOV 08-01-1986
• From: WELBORN DUFFORD BROWN & TOOLEY
• To: WQCD MLRD
• Violation No.: CV1986051
• Media Type: D
• Archive: No

WELBORN, DUFFORD, BROWN ~ TOOLEY
Mr. Robert Shukle
Mr. David C. Shelton
September 30, 1986
Page 2
(b) The Water Quality Control Division issued its
Notice of Violation and Cease and Desist Order dated August 1,
1986, alleging the same conditions constituted violations of
Snowmass's CDPS Permit No. CO-0029599 for the North Thompson
Creek Mine.
(c) An assessment conference was held on the MLRD NOV
on August 26, 1986, at which Snowmass asserted certain defenses
and legal arguments regarding the validity of MLRD's NOV and
the proposed civil penalty.
(d) On August 28, 1986, Snowmass filed its Answer to
Notice of Violation and Request for Hearing with the Water
Quality Control Division, asserting certain defenses and
describing a detailed plan in response to the WQCD NOV.
(e) Without further hearing or any resolution of the
legal issues related to either of the NOVs, the Water Quality
Control Division, the Mined Land Reclamation Division and
Snowmass Coal Company desire to enter into an agreement to
resolve the NOVs and to define Snowmass 's obligation regarding
certain other matters.
(f) Both NOVs shall be deemed final and not subject
to further administrative or judicial proceedings or appeals.
Neither MLRD nor WQCD shall assess, nor shall Snowmass be
liable for payment of, any civil penalties with respect to
either NOV. This settlement agreement shall not be considered
a determination or admission of any of the issues which have
been or could have been raised by Snowmass as defenses to the
NOVs.
(g) Snowmass shall implement its plan to separate any
groundwater flows in the B-seam workings from those in the
No. 1 Mine A-seam workings, by means of underground seals or
dams such that flow from the B-seam workings will not enter
into such A-seam workings ,.and will not become part of a
discharge from the discharge points permitted in Permit
No. CO-0029599. If necessary, Snowmass shall submit a revision
to its MLRD permit for this purpose for approval by the MLRD.
(h) Snowmass agrees to perform a reconnaissance level
study with the objective of determining whether there are
surface connections to the B-seam workings which are
contributing the springtime increase in groundwater flows in