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

stability allegation.
Roads Cut Across Mancos Shale
The adequacy of the road drainage system and resultant
sedimentation have been the subject of numerous Notices of
Violation, joint studies and permit revisions.
The mine site roads were constructed during the 1950 's and 1960's
to provide access from the various mine entries to the mine
facilities area. Due to the pre-law construction, many segments
of the road system were built without regard to environmental
factors, including drainage, topsoil salvage and grade. The
original reclamation plan approved by the Office of Surface
Mining allowed retention of the roads post mine closure. This
concept was carried forward into the State approved permanent
program permit. Retention of the roads post closure was approved
by the United States Forest Service as a part of the permitting
and renewal processes (Appendix 7) in 1978, 1980 and 1986.
The Division and interested parties recognized that sedimentation
from the road system was becoming a serious problem during a 1991
Show Cause process. At that time, it was agreed upon by the
parties (the Division, Garfield Citizens Alliance, Crystal Valley
Environmental Protection Association, Resources) that
a comprehensive road stabilization plan needed to be developed.
As contemplated in a May, 1991 Settlement Agreement, the Division
and the U.S. Forest Service conducted a joint inspection of the
road system. This three week inspection resulted in an interim
stabilization plan for the mine road system.
The report, however, did not address ultimate reclamation of the
roads. Reclamation of the roads is outlined in the approved
permit. The reclamation plan calls for a narrowing of the roads
to a twenty-two foot width, ripping and revegetation of the
remaining road bed, and revegetation of the fill slopes.
Reclamation to this standard has been tacitly approved by the
Office of Surface Mining as recently as 1991. In the fall of
1991, the Western Support Center developed a reclamation cost
estimate. This estimate contained costs adequate to implement
the reclamation plan described in the permit which requires that
the roads be narrowed. The AFO accepted the cost estimate, and
notified the State of such acceptance by correspondence dated
January 24, 1992 (Appendix 8) .
During the period of April, 1988 through July, 1991, the Division
issued eight Notices of Violation to Mid-Continent related to
roads impacting the hydrologic balance. The violations, some of
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