ENFORCE37993

• Permit No: C1980007
• IBM Index Class Name: Enforcement
• Doc Date: 8/25/1997
• Doc Name: REQUEST TO VACATE NOTICES OF VIOLATION CV-97-008 CV-97-009 CV-97-010 MOUNTAIN COAL CO WEST ELK MINE
• From: DMG
• To: MICHAEL LONG
• Violation No.: CV1997010
• Media Type: D
• Archive: No

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