REV92117

• Permit No: C1982055
• IBM Index Class Name: Revision
• Doc Date: 2/17/1995
• Doc Name: Midterm Review Findings Document
• Type & Sequence: MT3
• Media Type: D
• Archive: No

Midterm Review 3 Raton Creek Mines
January 6, 1995 C-82-055
HISTORY
On February 19, 1992, the Division received EFMCs application to renew their permit
for the Animas/Helen Mine. After several extensions of the decision due date, the
Division issued its proposed decision to approve, with conditions, the Animas/Helen
Mine permit renewal on February 12, 1993.
The Division's proposed decision to approve the renewal was revised in May 1993. The
revision included changes in Stipulation No. 11 and a name change from the
Animas/Helen Mine to the Raton Creek Mines. On May 14, 1993, the Division
approved with conditions the Raton Creek Mine permit renewal. The five year permit
term was renewed effective August 16, 1992, and will expire on August 17, 1997.
In November 1991, the Division received notification of the permanent cessation of
mining. Since November 1991, reclamation operations have proceeded. Coal handling
and processing facilities have been dismantled and prepared for removal from the mine
site. In February 1994, the Division approved Phase I, II, and III bond release for the
Burlington Northern Railroad Loadout. The release of the Burlington Northern
Railroad Loadout bond reduced the liability bond amount from $213,638 to $205,831.
Bond liability has not been released for either of the remaining two railroad loadout
facilities. At the mine site all portals have been sealed, and all highwalls have been
backfilled and graded. Pre-law portals and highwalls not associated with this permit but
located within the mine yard area have also been reclaimed. All facilities, except those
requested by the land owner to remain as permanent structures, have been dismantled.
Facilities requested by the land owner to remain as permanent structures include:
sediment pond; sediment pond light-use road; mine access road; shop building; two water
tanks; concrete pad with three bays from wash/preparation plan building; trailer pad
located at southwest corner of surface disturbance area; and 8-foot-diameter permanent
stream channel diversion. On December 27, 1994, the Division received an incomplete
application for Phase I bond release for the mine site. Upon receipt of the proof of
publication required by 3.03.2(1)(d), the Division may find the Phase I application
complete for the purposes of filing.
Fifteen enforcement actions have been issued since the permit was renewed. Fourteen
of the enforcement actions were Notice of Violations (NOV) and one was a Cessation
Order (CO) issued for failure to abate an NOV. Two of the enforcement actions, the
CO and one NOV, were vacated by the Division Director. The remaining thirteen
NOVs were either not contested by the operator or were up held by the assessment
conference officer. All NOV penalties have been paid.