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Proposed Civil Penalty <br />NOV — CV- 2011 -005 <br />Foidel Creek Mine <br />A. History <br />There have been no violations at the Foidel Creek Mine during the last twelve months. <br />B. Seriousness <br />The Colorado Mined Land Reclamation Act for Coal Mining sections 34- 33- 120(2)(n) and 34-33 - <br />121(2)(d); Rule 4.10.1, and Section 2.05.3(8) of Permit No. C -1982 -056 all address the <br />requirements for handling and management of underground development waste. Specifically, <br />standards are established for the design, construction, inspection and maintenance of waste piles to <br />prevent combustion, ensure stability, protect surface and ground waters from contamination and to <br />require reclamation of the piles. Rule 4.11.4(2) requires that non -coal waste be disposed of in a <br />designated disposal site in the permit area or in a State - approved solid waste disposal area outside <br />the permit area. Operations of the non -coal waste disposal site are to be conducted in accordance <br />with the local, State and Federal requirements. <br />Underground development waste and non -coal waste generated at the Foidel Creek Mine was <br />transported off the permit area to two different gravel pits, the Deakins Pit and the Ross Pit. TCC <br />has characterized the material as a combination of coal, trash and debris, coal mine waste and <br />noncoal waste. Waste material was stockpiled at the Ross Pit. At the Deakins Pit, the waste <br />material was stockpiled and disposed of. A small amount of disposal was approved at the Deakins <br />Pit by the DRMS Minerals program, but the disposal site did not meet local or State requirements. <br />These waste materials were not managed in accordance with the Statutory, Regulatory, or permit <br />requirements. <br />The seriousness component of the civil penalty is to be determined by the duration and extent of <br />damage in terms of area and impact on the public environment. The duration of time for which <br />the material was transported off -site has not been fully documented. The off -site transport of the <br />waste material at the Ross Pit was observed July 25, 2011 by a Minerals inspector. Additional <br />material was observed on a joint inspection by the Coal and Minerals staff on August 18, 2011. <br />At the Deakins Pit, some of the waste material had been mixed with soil material to backfill the <br />pit. <br />For extent of damage, TCC's estimate of waste volume will be considered. As of September 22, <br />2011, Twentymile Coal Company estimated that 250 cubic yards of material were stockpiled at <br />the Deakins pit and a total of 3,050 cy were stockpiled at the Ross Pit. This adds up to a total of <br />3,300 cy of material that was stockpiled at the two gravel pits. TCC's estimate does not include <br />material that was backfilled into the Deakins Pit. At the Ross Pit, activities included processing <br />and segregating saleable coal materials from the waste. The volume estimate also does not include <br />any coal that was sold. <br />In an email dated September 22, 2011, TCC contends that the coal waste material was not toxic, <br />and will not damage the surface or ground water. TCC characterizes the composition of the <br />material as a combination of underground development waste, coal, trash and debris and non -coal <br />waste. The permit requires that these materials are to be segregated, handled and disposed of <br />