2011-06-20_ENFORCEMENT - C1994082

• Permit No: C1994082
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 6/20/2011
• Doc Name: Civil Penalty Assessment
• From: Susan Burgmaier
• To: Dan Hernandez
• Violation No.: CV2011002
• Email Name: SLB
• 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
C L O R A D
D I VISION OF
Phone: [phone]
RECLAMATION
FAX: [phone]
MINING
SAFETY
John W. Hickenlooper
Governor
Date: June 20, 2011
Mike King
Executive Director
To: Dan Hernandez
Loretta E. Pineda
Director
From: Susan Burgmaier
RE: Notice of Violation CV -2011 -002
Yoast Mine C 1994082
Civil Penalty Assessment
I issued NOV CV- 2011 -002 on May 27, 2011, at the Yoast Mine, and am requesting that you propose
a civil penalty for the violation. The notice of proposed civil penalty is due on June 27, 2011. In
addition to the information provided in the Notice of Violation and my May 17, 2011 inspection report,
I offer the following information for your use in assessing the penalty.
The notice was issued for "Failure to ensure that `construction, maintenance, and post- mining
conditions of haul roads into and across the site of operations will control or prevent erosion and
siltation, pollution of air or water, and damage to public or private property', as required by Rule
4.03.1(1)(a), and failure to ensure that haul roads do not cause `additional contributions of suspended
solids to streamflow or to runoff outside the permit area' as required by Rule 4.03.1(1)(b)." The
specific area of the operation that was out of compliance was a culvert on Haul Road A (YA -6).
There have been no NOVs or COs issued at the site in the past twelve months. The last enforcement
action taken at the site was April 23, 2009.
During my May 17, 2011 site inspection, I observed significant erosion at the outfall of the YA -6
culverts, which carry Scotchman's Gulch under Haul Road A. Downcutting at the outfall was about 5'
deep, was outside of the sediment control system, beyond the disturbed area boundary, and outside of
the permit area boundary. It appeared that the erosion had occurred as a result of SCC's failure to
protect (such as armoring with rip rap) the outfall side of the culvert.
On June 15, 2011, Roy Karo informed me by electronic mail (with accompanying photo) that the
earthwork portion of the abatement was complete, and that only seeding and fence repair remained.
The operator has declined to submit written information about the violation for consideration in
assessing the civil penalty, as allowed by Rule 5.04.3(1).
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines