2011-05-16_ENFORCEMENT - C1981008

Home Browse Search

UNITED STATES DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement TEN-DAY NOTICE Number Xll-140-532-001 TV 2 Originating Office: Denver Regional Office US DOI, Office of Surface Mining 1999 Broadway Suite 3320 Denver, CO 80202 Telephone Number (303) 293-5000 Ten-Day Notice to the State of Colorado - You are notified that, as a result of Citizen Information (e.g. a federal inspection, citizen information, etc.) the Secretary has reason to believe that the person described below is in violation of the Act or a permit condition required by the Act. If the State Regulatory Authority fails within ten days after receipt of this notice to take appropriate action to cause the violation(s) described herein to be cor- rected, or to show cause for such failure and transmit notice of your action to the Secretary through the originating office designated above, then a Federal inspection of the surface coal mining operation at which the alleged violation(s) is occurring will be conducted and appropriate enforcement action as required by Section 521(a)(1) of the Act will be taken. Permittee: WESTERN FUELS - COLORADO (Or Operator if No Permit) Mailing Address: PO BOX MR. GUBKA, , NUCLA, CO 81424 County: MONTROSE Permit Number: C-008-81 Mine Name: "I1111zo" 01 NATURE OF VIOLATION AND LOCATION: Citizen complaint alleged improper soil stripping practices under wet and rainy conditions. Section of State Law, regulation or Permit Condition believed to have been violated: 02 NATURE OF VIOLATION AND LOCATION: Citizen complaint alleged improper soil stripping practices under wet and rainy conditions. Section of State Law, regulation or Permit Condition believed to have been violated: NATURE OF VIOLATION AND LOCATION: Section of State Law, regulation or Permit Condition believed to have been violated: X? Surface ? Underground FlOther 4.06.2 Topsoil Removal 4.06.2 Topsoil Removal Remarks or Recommendations: We received a citizen complaint alleging that the A and B lift on the Morgan property were worked and handled under wet and rainy conditions. We interpret this complaint as allcgiug topsoil sah,age operations vvere conducted during periods of excessive precipitation and that the soil was saturated. If the soil was saturated, handling it could have damaged its physical and chemical properties and salvaging operations would not have minimized erosion, contamination, and/or compaction. Date of Notice: 05/12/2011 Signature of Authorized Rep.: Print Name and ID: Christy Hulsman ID # 2010