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~iiiiiiiiiiiiiiiiii <br />STATE OF COLGiv~~~ <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Rewurces <br />I71 7 Sherman 51 , Room 21 5 I+~ <br />Denver, Colorado 8U2U7 I <br />Phone f707186fi~35fi7 <br />FAX 1.703183!-A105 <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Date: August 25, 1997 <br />Roy Romer <br />To: Michael Long c°"e'"°' <br />lames 5. lochhead <br />Execw ive Duector <br />From: Michael Boulay <br />David Ber Mi<hacl B. LOng <br />Division Director <br />Re: Request to V ate Notices of Violation CV-97-008, CV-97-009, <br />CV-97-010 - Mountain Coal Company - West Elk Mine - Permit No. <br />C-80-007 <br />This memorandum is provided for your consideration as you review <br />the August 11, 1997 letter from Mountain Coal Company which <br />requests vacation of the above-referenced Notices of Violation. <br />Notice of Violation CV-97-008 <br />This Notice of Violation (NOV) was issued because road berm <br />materials were placed into the Sylvester Gulch Channel area in a <br />manner which resulted in disruption and damage to silt fence <br />installations located along the margins of the road, and so as to <br />cause the introduction of additional sediments to streamflow in <br />Sylvester Gulch. The berm construction rendered the previously <br />installed silt fence ineffective by pushing the fence over, and by <br />depositing berm materials directly into the streamflow occurring in <br />Sylvester Gulch. Photographs and testimony by Michael Boulay will <br />verify that the berm materials were placed so as to crush the silt <br />fence, and introduce berm material directly into the flowing <br />stream. Because additional solids were introduced to the <br />streamflow, the location of the permit boundary is not relevant in <br />this case. <br />Notice of Violation CV-97-009 <br />This NOV was issued as a result of environmental impacts related to <br />a landslide which occurred due to road construction in Sylvester <br />Gulch. The toe of the landslide impacted the flow channel of <br />Sylvester Gulch as verified by Jim Pendleton and Susan McCannon. <br />The probable cause of this slide is the placement of several feet <br />of road fill along the slide mass, thus creating the failure. The <br />geotechnical reports provided by Mountain Coal Company indicate <br />variations in construction from the approved plan. The permit <br />documents also state the road construction and road stabilization <br />methods will not impact the channel area. Such impact did occur, <br />the impact may cause additional channel erosion and channel <br />morphology changes that were not to occur. <br />