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ENFORCE38065
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Entry Properties
Last modified
8/24/2016 7:46:53 PM
Creation date
11/21/2007 3:53:34 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1980004
IBM Index Class Name
Enforcement
Doc Date
12/9/2004
Doc Name
Memo -Penalty Assessment Request
From
Dan Mathews
To
Dan Hernandez
Violation No.
CV2004005
Media Type
D
Archive
No
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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />DATE: December 9, 2004 <br />TO: Dan Hernandez <br />From: Dan Mathews t <br />COLORADO <br />DIVISION OF <br />MIN SRALS <br />GEOLOGY <br />RECLAMATIO N•MI NING <br />SAf ETY•SC IENCE <br />Bill Owens <br />Governor <br />Russell George <br />Executive Director <br />RE: NOV CV-2004-005 Penalty Assessment <br />Ronald W. Cattany <br />McClave Canyon Mine, Permit No. C-1980-004 Division Director <br />Natural Resource Trustee <br />Dan, I need to request that you prepare a proposed civil penalty assessment for NOV CV-2004- <br />005. I issued the NOV to Central Appalachia Mining, LLC/ Lodestar Energy Inc., on 11/19/04. I <br />included both companies in the citation, due to the fact that we had issued a proposed decision to <br />transfer the permit from LEI to CAM on 11/17/04. The transfer decision will not be final until <br />12/19!04. CAM has been operating the mine for over a year, but the transfer was held up due to <br />lease royalty issues with LEI that had precluded BLM from approving the transfer of federal <br />leases to CAM. In case you were curious. <br />There have been no enforcement actions at the mine in the past 12 months, so History <br />component = $0.00 <br />Documents pertinent to a proposed penalty assessment include the Notice of Violation, which I <br />issued on 11/19/04 based on my inspection of that date, and my inspection report of 11/22/04. <br />My 11/22/04 inspection report includes as attachments 7 digital photos that I took of the sediment <br />pond embankment from various perspectives during the inspection (labeled #1440 through 1446, <br />and 1449). Also attached to my inspection report is a quarterly pond inspection report completed <br />by P.E. Jim Stover, consultant to the operator, based on a pond inspection he did on October 28, <br />2004. I did not view a copy of the quarterly pond report until 11/22/04. Additional documents <br />pertinent to your assessment include Jim Stover's email to me, dated 11/22/04, and an <br />abatement extension notice that I issued on 11/24/04. The final relevant document is my <br />inspection report dated 12/9/04, based on my site inspection of 12/7/04. All of the relevant <br />documents should be in the Denver NOV file, with the exception of the 12/9/04 inspection report, <br />which I FAXED to you. [Note, V just now noticed that I erconeously dated the extension notice <br />11/29/04, it should have been dated 11/24/04. I stopped by the mine on my return from <br />Steamboat on the afternoon of 11/23, and it was based on my observations and discussion with <br />the operator on that date that I issued the extension notice the following day. I will write a memo <br />to the file to document this error]. Let me know if you are missing anything. <br />I think the evidence supporting the violation are adequately described in the 11/22/04 inspection <br />report and the photos attached to the report. <br />Seriousness: <br />Worst case scenario is that had there been a large precipitation/runoff event that filled the pond, <br />there likely would have been extensive seepage through the embankment and possibly a <br />collapse of the embankment with a surge of coal fines laden flow out of the pond and into East <br />Salt Creek. The sediment pond detains runoff from the coal stockpile, mine portals area, and <br />haul road. Uncontrolled discharge of disturbed drainage would have continued for some period of <br />time until control measures could have been implemented. In actuality, what happened is that the <br />operator noted initial cracking on 11/17 and contacted Jim Stover. He viewed the embankment <br />on 11/18 and directed the operator to begin pumping down the water level in the pond in <br />Office of Office of Colorado <br />Mined Land Reclamation Ac[ive and Inactive Mines Geological Survey <br />
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