2007-10-19_ENFORCEMENT - C1992080

• Permit No: C1992080
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 10/19/2007
• Doc Name: Request for Formal Public Hearing
• From: Savage & Savage
• To: DRMS
• Violation No.: CV2007005
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
RECEIVED
OCT 19 2007
Divislor~ or Krc;lamation,
Mining and Safety
COLORADO
D I V I S 1 0 N O f
RECLAMATION
MINING
- ~t -
SAFETY
Date: October 12, 2007
To: Ronald W. Cattany, Division Director
From: Tom Kaldenbach, Environmental Protection Specialist
Re: Request for Vacation of Coal Program Notice of Violation CV-2007-005
Oakridge Energy, Inc., Carbon Junction Mine (Permit C-92-080)
Background
BiII Ritter, ir.
Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
The Division received the above-referenced request for vacation on October 10, 2007. Notice of
Violation CV-2007-005 was issued on September 4, 2007, based on an inspection of the Carbon
Junction Mine on August 14, 2007.
The inspection found that a set of dual culverts was blocked with sediment and the ditch at the
inlet end of the culverts (East Collection Channel) was filled with sediment. Debris downstream
from the culverts indicated the blocked culverts caused the flow of sediment beyond the
approved disturbed area. Further investigation found the culverts were not documented in the
coal permit application.
Notice of Violation CV-2007-005 was issued to Oakridge Energy, Inc. (Oakridge) for failure to
minimize disturbances to the prevailing hydrologic balance at the mine site and in associated off-
site areas, and failure to maintain a set of dual culverts. This NOV was modified on October 12
to include the permittee's failure to maintain the East Collection Channel, and failure to retain
sediment within the disturbed area. Statutes, regulations, and permit sections cited were: 34-33-
120(2)(j)) [minimization of disturbance to the hydrologic balance], 4.05.1(1) [minimization of
disturbance to the hydrologic balance], 4.05.3(1)(e) [performance standard for diversions
draining less than one square mile], 4.05.4(1)(b) [performance standard for diversions draining at
least one square mile], and permit pages 5-17 and 5-18 [certification and inspection]. An
additional regulatory citation (4.05.5(2)) was added to the NOV on October 12.
Abatement steps are:
1) Submit a Minor Revision to identify all culverts in the East Collection Channel not
currently identified in the coal mine permit and reincorporate into the coal mine
permit those sections of the East Collection Channel that currently lie beyond the
boundaries of the coal mine permit;
2) Clean out the subject set of dual culverts in the East Collection Channel;
Office of
Office of Active and Inactive Mines
,~1rnrr) I.inrl Rrrlamatir~n Denver Grand Junction Durango