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III. COMMENTS - COMPLIANCE <br />Below are comments on the inspection. The comments include discussion of observations made <br />during the inspection. Comments also describe any enforcement actions taken during the inspection <br />and the facts or evidence supporting the enforcement action. <br />This was a partial inspection conducted by Kent Gorham of the Colorado Division of <br />Reclamation, Mining, and Safety (Division). The inspection was conducted jointly with <br />representatives of the Office of Surface Mining (OSM) for the purposes of conducting a <br />special focus inspection as required by the Oversight Evaluation Year EY2011 Plan (the <br />plan). Representing the OSM were Howard Strand and Christina Hulsman. Ron Thompson, <br />Al Weaver, and Bobby Steele represented New Elk Coal Company (NECC) during various <br />portions of the inspection. Ground conditions were very dry and the weather was warm and <br />windy. <br />The Special Focus topic as defined in the plan for this mine site was "prevention of off-site <br />impacts, Small Area Exemptions". While the term "small area exemption (SAE)" is not <br />defined in the Colorado regulations governing coal mining, exemptions from the requirement <br />for all surface drainage to pass through a sediment pond are allowed under Rule 4.05.2(3) <br />as long as the operator can demonstrate that sediment ponds or treatment facilities are not <br />necessary for the drainage to meet effluent limitations, there is no mixing with discharge from <br />an underground mine, and the area is small. <br />The inspection began at the New Elk Coal Company office at 2 pm on Monday, June 6, <br />2011. NECC is the permittee for the Lorencito Canyon Mine. The Lorencito Canyon Mine is <br />a reclaimed surface mine with a disturbed area of around 120 acres. Most of the reclaimed <br />area drains to sediment ponds with two exceptions. The first SAE area is on the east side of <br />the disturbed area and was a former topsoil pile location. The second SAE area is topsoil <br />borrow area BA-3 that lies in the valley bottom of Jeff Canyon southwest of Pond 6. Both of <br />these areas are reclaimed. OSM and Division personnel reviewed permit documentation for <br />these two areas. For the topsoil stockpile area on the east side of the disturbed area, permit <br />text narrative on page 2.05-33 indentifies Exhibit 15 for the location of a sediment <br />demonstration using alternative methods. Narrative also commits to the use of one or more <br />sediment control measures including rock, mulch, straw bale dikes, silt fencing, rock check <br />dams, and vegetative filters. Permit text narrative on page 2.05-33b commits to constructing <br />berms around topsoil stockpiles outside of pond drainage areas and repeats the commitment <br />to use silt fence, gravel filters, or straw bales. Figure EX 15-15 of the approved PAP shows <br />a sediment control berm on the down gradient side of the topsoil storage area and Map <br />2.05.4-2 Post Mining Topography shows a ditch in the berm location with an exit immediately <br />adjacent to the access road. Neither map indicates by marking or annotation that the area is <br />an SAE. <br />For topsoil borrow area BA-3, permit text narrative on page 2.05-58 of the approved permit <br />commits the operator to use straw bales at the downslope perimeter of the disturbance and <br />maintain a minimum distance of 20 feet of undisturbed surface between the disturbance and <br />the natural drainage channel, in this case, Jeff Canyon. Map 2.05.3-6 Soil Borrow Areas <br />(TR-35 10/15/2004) clearly shows area BA-3 in the proper location south and west of pond 6 <br />and south of the Jeff Canyon drainage channel. The map does not annotate the area or <br />identify it in any way as an SAE other than by presumption due to the location. <br />3