GENERAL46440

• Permit No: C1981012
• IBM Index Class Name: General Documents
• Doc Date: 12/31/1992
• Doc Name: Midterm Review Findings Document
• Permit Index Doc Type: Findings
• Media Type: D
• Archive: No

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In 1990 the portals were temporarily sealed and the underground workings were
allowed to flood. In June 1991, KN Energy, Inc. sold the Wyoming Fuel Company
to Entech, Inc., a wholly-owned subsidiary of Montana Power Company. In
April 1992 Entech, Inc. idled the Golden Eagle Mine, thereby idling the
New Elk Mine surface facilities. Since that time, mining at the Golden Eagle
Mine has been sporadic, as has been the processing of coal at the New Elk
Mine. Raw and clean coal is currently being stockpiled at the New Elk Mine
facility.
In May 1992 Wyoming Fuel Company changed its name to Basin Resources. In
October 1992 the Division found the application for a Succession of Operator
to be complete. The proposed decision for this name change is pending.
Since the 1988 Findings, there have been five NOV's issued, one of which has
been vacated.
As a result of a February 22, 1989 inspection, NOV C-89-004 was issued for the
operator's failure to maintain diversion channels on the refuse pile, thereby
allowing water to pond on the top of the pile. An immediate abatement date
was issued to drain the ponded water. An abatement date of March 22, 1989 was
set to perform ditch work and to provide an updated operation plan. This date
was extended to April 7, 1989. The Ditch work was done on time but the
updated operation plan was finally approved on June 7, 1989. The NOV was
terminated on June 8, 1989. A Notice of Proposed Civil Penalty of $1550.00
was issued on March 20, 1989. A Notice and Order to Pay Fixed Penalty of
$1550.00 was issued on April 11, 1989. Payment was received on May 8, 1989.
NOV C-90-025 was issued on May 31, 1990 as a result of an inspection on the
same day. The violation was issued for the operator's failure to supply to
the Division an annual certification for the MSHA refuse disposal area pond
008. The abatement was to supply an annual inspection and certification
report for the pond by July 31, 1990. With this submittal, the NOV was
terminated on July 27, 1990. A proposed civil penalty of $400.00 was assessed
on July 12, 1990. The penalty was paid on August 9, 1990.
NOV C-91-014 was issued on August 7, 1991 as a result of a Federal follow-up
inspection, conducted on December 11, 1991. This Federal inspection resulted
in the issuance of Ten Day Letter No. X-91-02-370-003 TV 4, issued on
March 19, 1991. The NOV was issued for the operator's failure to design and
construct five sediment ponds. The NOV was modified on August 16, 1991 to
exclude 3 of the 5 ponds from the NOV. Notice of a proposed Civil Penalty of
5750.00 was issued on September 4, 1991. The penalty was reduced to $500.00
as a result of a September 30, 1991 assessment conference. When the Division
learned that OSM objected to the NOV modification, NOV C-91-028 was issued on
December 11, 1991 for all 5 ponds. NOV C-91-014 was vacated on
January 2, 1992.
NOV-91-028 was issued on December 11, 1991 for the operator's failure to
properly design and construct 5 sediment ponds. TR-25 was approved on
July 23, 1992, providing the designs. Construction of the 5 ponds will be
finished by December 31, 1992. A proposed penalty of $500.00 was assessed on
September 15, 1992. The proposed penalty was upheld in an assessment
conference on October 28, 1992. A Notice and Order to Pay $500.00 was issued
on November 27, 1992 after the operator failed to sign and return within 10
days the assessment conference agreement.
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