1993-11-15_PERMIT FILE - C1981017

• Permit No: C1981017
• IBM Index Class Name: Permit File
• Doc Date: 11/15/1993
• Doc Name: Request for federal; Intervention ‎(Part 1of 2)‎
• Media Type: D
• Archive: No

I
Instability of Refuse Piles
Most of the lower portions of the coal refuse pile located to the
south of the mine facilities area was constructed prior to
promulgation of the Surface Mining Control and Reclamation Act of
1977 (SMCRA) . The State of Colorado and the Office of Surface
Mining (OSM) recognized this fact during the initial permitting
of the mine in 1983 . The 1983 permit, approved and issued by the
Office of Surface Mining (Appendix 1) , indicates that there is no
liability on the part of Mid-Continent Resources (Resources) for
this portion of the coal refuse disposal area. This indication
is made in that there were no mining or reclamation plans
submitted by the applicant, Resources, in the initial permit
submittal. The basis of the subsequent permit approval issued by
the Office of Surface Mining is the mining and reclamation plan
submitted by Resources. The "permanent program" permit issued by
the State in 1983, was based upon a mining and reclamation plan
submitted by Resources. This submittal was substantially
identical to the original plan submitted to and approved by the
OSM. This plan also was silent regarding the use and reclamation
of these pre-law areas. The State, therefore, did not require
that a reclamation liability be attached to the permittee under
State law. In 1986, the Office of Surface Mining determined that
the State had complied with its obligations in establishing
r adequate standards for mining and reclamation practices at Coal
Basin in accordance with both State and Federal regulations, and
terminated the Federal permit (Appendix 2) . Therefore, OSM has
twice approved of mining and reclamation plans which do not
address the pre-law portions of the refuse disposal area, thus
implicitly determining that no reclamation liability is
associated with this disturbance.
On July 12, 1993, the Albuquerque Field Office (AFO) issued the
State of Colorado a Ten-Day Notice (Appendix 3) which alleged
that a diversion ditch, a regulated structure adjacent to the
refuse disposal area, had caused some instability to occur to the
prelaw portions of the refuse pile, thus incurring a post law
reclamation liability for Resources. On-the-ground evidence
indicated that, although the outslope of the pile had experienced
surficial ravelling, it was not caused by the presence of the
ditch. The State declined to issue a Notice of Violation to
Resources requiring that it stabilize the pile. The Albuquerque
Field Office determined that this State action was arbitrary,
capricious and therefore inappropriate.
The State believes that because neither operation or reclamation
of the pile was contemplated in the interim or permanent program
permits, no reclamation obligation was conferred to Resources.
Since on-the-ground evidence and subsequent investigation
indicated that surface ravelling and flow in the adjacent
diversion ditch were unrelated, there was no justifiable reason