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

contemplated and evaluated by both the Office of Surface Mining
at issuance of the interim permit, by the State at issuance of
the permanent program permit and at the time of OSM termination
of the Federal permit in 1986, there is little evidence to
indicate that stability of the foundation was identified as a
concern by either agency. A number of engineering studies were
conducted by a consulting firm for Resources during permitting of
the mine. These analyses focused upon the integrity of the
refuse disposal facility itself.
Because the potential for instability exists, the Division
initiated an investigation to determine whether a more stable
configuration could be established relative to the stream
channel. The Division modified a Notice of Violation previously
issued to Mid-Continent Resources (Notice of Violation C-93-096
issued June 14, 1993) on July 8, 1993 to address the stability of
the refuse pile foundation (Appendix 5) . This violation required
that Resources effectively divert the Dutch Creek stream channel
away from the cliff face, and place large diameter rip-rap
against the cliff face in order to prevent under cutting of the
cliff by the stream. Ultimately, the stream channel will be
diverted further to the north, away from the cliff, as a part of
the final reclamation of the site (Appendix 6) . In order to
comply with the abatement requirements of the violation,
Resources had to obtain permission from the Army Corps of
Engineers (Corps) to place fill material within the stream
channel. The Corps has approved a Nationwide permit requested by
Resources. Abatement of the violation has been completed and the
violation terminated.
The State of Colorado contends that it has complied with its
approved program as required by 30 CFR part 900 in the following
manner:
The lower refuse disposal area is a pre-law disturbance which has
not been reaffected by surface coal mining operations. As such,
it is not subject to the state counterpart regulations of SMCRA
Title 5.
The State has taken appropriate steps to resolve the concerns of
the upper refuse disposal area stability following the slumping
episode of the winter of 1992/93. Colorado undertook a
geomorphologic investigation to determine how best to prevent
future slumpage of the cliff face. Colorado issued a Notice of
Violation to Resources compelling Resources to redirect the Dutch
Creek stream flow, while rip-rapping the cliff face. Final
reclamation will result in further relocation of the stream
channel to the north, away from the cliff.
Based upon the foregoing and the record, Colorado has fully
complied with its approved program in resolving the refuse pile
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