1990-08-13_GENERAL DOCUMENTS - C1981017

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Fred R. Banta, Director August 10, 1990 MLRD, Denver, CO 80203 Page 13 would have created a much larger problem. When it was safest to do so the three pond system was totally shut off the morning of June 29. Although the the damage to the spill-pipe was repaired in less than 24-hours and the Cessation Order was terminated on July 1, 1989, Mid-Continent did not resume regular discharge from the Outfall No. 016 ponds until July 26, 1989, nearly a full month later, to ensure that discharge limitations were not exceeded. This self imposed restraint presented an extreme difficulty to Mid- Continent as noted in the Justification for Settlement, "They suffered damage inside the mine as it was and they were afraid of totally flooding the mine, causing a permanent closure. " Since this time, the Outfall No. 016 ponds have been restored to proper functioning. The outfall discharges since have been within applicable TSS limitations. Pond cleanings continue on a regular basis as necessary to maintain these as well as the numerous other sediment pond systems throughout Coal Basin. Mid- Continent has engaged another contractor to perform this work. As noted in the Justification for Settlement, The dark discharge into the Dutch Creek tributary created more of a visual, aesthetic problem than a serious environmental problem. The Division of Wildlife was contacted. Evidently, they had just stocked the Crystal River with 10, 000 fish and there were no reported fish kills. C-90-001 (04-Apr-89) Failure to Submit Well Monitoring Report Civil Penalty History $400 Seriousness -0- Fault -0- Good Faith -0- Total $400 As stated in the Justification for Settlement, NoV C-90-001 was issued for " 'failure to monitor ground water in a manner approved by the Division. " At Well GW-1 a complete sample for the