PERMFILE133247 - Laserfiche WebLink

Home Browse Search

1. Background Kerr Coal Company operates a coal loading facility, also referred to as a tipple, in [aalden, Colorado, at least ten miles from its surface coal mining and reclamation operation. This facility occupies only four to five acres and is located on a siding of the Union Pacific Railroad which runs through the town of [dalden. The nature of the alleged violation as stated on the Notice of Violation form fails to reflect the fact that KCC had installed gravel filter dams in order to control sedimentation and pre- serve water quality. Thus, the fact that a Notice of Violation was issued with respect to this situa tion would apparently reflect the judgment of the inspector that such sedimentation control is not sufficient. 2. tiistorv of Previous Violations, 30 C.F.F. §723.12(b) KCC has no previous violations under the Surface Mining Control and Reclamation Act (SPICRA), the regu- lations promulgated thereunder or any other state or • federal environmental laws applicable to surface coal mining. 3. Seriousness. 30 C.F.R. ~723.12(c) Probability of Occurrence The event which the performance standard is designed to prevent is the diminution or degra- dation of water quality and the prevention of additional contributions of suspended solids to stream flow. The Clotice of Violation in this regard reflects little if any evidence that water quality degradation or contribution of suspended solids to stream flow actually occurred. In fact, the gravel filter dams which KCC had installed at the tipple site provided an effec- tive sedimentation control mechanism. Thus, the probability of occurence for the event which the designated environmental performance standard was intended to prevent is virtually insignificant. Extent of Potential or Actual Again, due to the existence of gravel filter dams at the tipple site, the extent of potential or actual damage was negligible. Specifically, • -2-